Amalgamated Television Services v Marsden

[1999] NSWCA 313

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Interlocutory appeals
4. › Notice of contention
5. › Failure to file notice of contention
6. › Whether respondent may reserve arguments for later application to trial judge
7. › Whether open to trial judge to displace Court of Appeal's order by reference to matters not raised by notice of contention
8. › Supreme Court Rules Pt 51 r 21
1. Practice and Procedure
2. › Appeals
3. › Effect of appellate orders
4. › Fidelity to orders of superior court
5. › Whether lower court may set aside or disregard order of appellate court
6. › Whether interlocutory nature of order permits revisiting absent change of circumstances
1. Practice and Procedure
2. › Interlocutory orders
3. › Variation or discharge
4. › Whether application to set aside interlocutory order must be founded on material change of circumstances or discovery of new material
1. Practice and Procedure
2. › Discovery and inspection
3. › Inspection of documents produced on subpoena
4. › Waind v Hill discretion
5. › Whether discretion confined to trial judge or exercisable by Court of Appeal

Quick Take

A respondent who fails to file a notice of contention raising alternative grounds for upholding a trial judge's order cannot subsequently apply to the trial judge to achieve the same result on those grounds after the Court of Appeal has made an order disposing of the appeal. The Waind v Hill discretion to defer or restrict inspection of documents produced on subpoena is not confined to the trial judge and is amenable to appellate review. An application to set aside an interlocutory order of a substantive nature made after a contested hearing must be founded on a material change of circumstances or the discovery of new material.