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.
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Source factsCourt
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]