NRMA LIMITED v SNODGRASS

SHELLER JA: This is an application by the appellant, NRMA Limited, for orders that the interlocutory relief granted by Windeyer J be continued up to and including the conclusion of the appeal and that the appeal be expedited.

The appeal is from a decision from Windeyer J given on 23 February 2001. On that occasion his Honour ordered that the existing injunction be extended up to and including 16 March 2001 upon condition that the plaintiff file and serve any notice of appeal by 9 March 2001, and in default of such appeal being instituted the injunction shall be automatically dissolved.

The appellant was the plaintiff and I have been informed that the condition of filing and serving a notice of appeal has been complied with.

Mr Hartnell, who appeared for the respondent, Mr Snodgrass, did not oppose the granting of expedition and, as I understand it on the basis that expedition be granted, did not oppose the extension of the existing injunction in the matter in the manner proposed.

In my opinion, having heard the submissions of counsel, I am satisfied that the case is one appropriate for expedition. I am informed that the hearing of the appeal would take about half a day.

Accordingly, I order that hearing of the appeal be expedited, that the existing injunction granted in the Equity Division be extended up to and including the date of the disposition of the appeal by this Court. The costs of this application will be costs in the appeal.