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Home/Cases/[2000] VSCA 115

VICVSCA

Safeway Australia Pty Ltd v Parker [2000] VSCA 115

[2000] VSCA 115

Court of Appeal (Vic)|2000-06-16|Before: WINNEKE, P. and PHILLIPS, J.A.

View original source

At a glance

Source facts

Court

Court of Appeal (Vic)

Decision date

2000-06-16

Before

WINNEKE, P. and PHILLIPS, J.A.

Source

Original judgment source is linked above.

Judgment (6 paragraphs)

[1]

For the reasons I have given, I think that the appeal should be allowed, the order below for amendment set aside and in lieu it should be ordered that the plaintiff's application for leave to amend be dismissed.

[2]

Although we have been made aware by the parties that they have now settled their dispute subject only to the disposition of this appeal by order, the appellant has asked for costs and I see no reason why the appeal should not be allowed with costs. The appeal was instituted before the repeal of the Appeal Costs Act 1964 on 1 April 1999 and, as the appeal has been allowed on a question of law, I think that the plaintiff, as respondent to the appeal, should have a certificate under that Act.

[3]

Safeway Australia Pty Ltd v Parker [2000] VSCA 115 | Case summary | Zoe

I agree with the reasons that have been given by Phillips, J.A. And the orders which he proposes.

[4]

The formal orders of the court will be that the appeal is allowed. The order for leave to amend made in the County Court on 5 November 1998 is set aside and in lieu thereof there is substituted an order that the plaintiff's application for leave to amend be dismissed.

[5]

It is further ordered that the respondent pay the appellant's costs of this appeal (including reserved costs) and we grant to the respondent a certificate pursuant to s.13 of the Appeal Costs Act 1964.

[6]

[1] [1999] 1 VR 450

Parties

Applicant/Plaintiff:

Safeway Australia Pty Ltd

Respondent/Defendant:

Parker [2000] VSCA 115

Cases Cited (1)

[2000] VSCA 115