Civil appeal adjourned to allow amendment of claim and additional counsel despite late application.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe Court granted an application to adjourn the hearing of a civil appeal to permit the filing of an amended statement of claim and the brief of additional counsel for the respondent. Although the appellants argued the timing was too late for such amendments, the Court exercised its discretion to delay the proceedings. This decision was made because an order staying execution existed pending the appeal's outcome, necessitating time for procedural adjustments.
Regesto Legislator
Generato dall'IACivil Procedure; Appeal; Application for adjournment: The Court may grant an adjournment to allow for the amendment of a statement of claim and the instruction of additional counsel, even if the application is made late in the hearing, particularly when an order staying execution is in force.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
[*1774] 1973 December 10
(TRIANTAFYLLIDES, P., STAVRINIDES, HADJIANASTASSIOU, JJ. )
APPELLATE JURISDICTION
Cytechno Limited,
Appellants,
v.
Tsamkoshoglou Trading Co.,
Respondent.
(Civil Appeal No. 5080).
Civil Procedure - Practice - Appeal
- Application to adjourn hearing of appeal to enable an application for amendment of Statement of Claim to be filed and to enable respondent to brief addditional counsel - Made on the second day of hearing of the appeal by counsel who was not appearing at the Court below - And after the other counsel has completed his address - Existence of order staying execution until the outcome of the appeal - Application granted.
Practice - Appeal - Civil Appeal - Application for adjournment - See, also/under "civil Procedure".
G. Pelaghias, for the Appellants.
M. Vassiliou, for the Respondent.
JUDGMENT
The judgment of the Court was delivered by:-
TRIANTAFYLLIDES. P. : The hearing of this appeal [*1775] commenced on the 6th December, 1973, and it was adjourned to be continued today.
On the first day of the hearing counsel for the appellants - the defendants in the Court below - completed his address.
Counsel appearing for the respondent - the plaintiff in the Court below - who has appeared for the first time in this case at the appeal, as at the hearing the respondent was represented by other counsel who has since then died, applied today for an adjournment because the respondent desires to instruct additional counsel to appear with his present counsel and, also, because it is intended to apply at this stage for an amendment of the statement of claim.
Counsel for the appellants has objected to an adjournment; he has submitted, inter alia, that it is too late now to amend the statement of claim.
We are, certainly, not called upon to pronounce today whether or not an amendment of the statement of claim is to be allowed; we do not even have yet before us the application for amendment. All we have to decide now is whether to adjourn the hearing so as to enable an application for amendment of the statement of claim to be filed and, at the same time, to enable respondent to brief additional counsel. Bearing in mind that there exists an order for the stay of execution, until the outcome of this appeal, of the judgment appealed from, we have decided to grant an adjournment, without, however, this being taken, in any way, as [*1776] indicating what will be our eventual decision regarding any application for the amendment of the statement of claim. Any such application is to be filed within two weeks from today and the costs for today of counsel for the appellants - £30
- have to be paid to him before the filing of the application.
The appellants will be at liberty to file an opposition to the application within two weeks thereafter.
If there is failure to comply with the terms on which the adjournment has been granted, then this appeal will be fixed for continuation as early as
possible.
Application granted.