CHAMBERS v MACLEAN SHIRE COUNCIL & ORS [2002] NSWCA 364

CHAMBERS v MACLEAN SHIRE COUNCIL & ORS [2002] NSWCA 364

Because the second opponent had only recently learned of the proposed consent orders and needed a proper opportunity to consider the claimant's application and obtain legal advice, the Court adjourned the application for leave to appeal and made procedural directions for service of materials and submissions, without deciding the merits of the s81 application or the leave application.

Jurisdiction
Australia
Judgment Date
04 November 2002
Procedural Posture
Application for Leave to Appeal / Adjournment and Procedural Directions in the Court of Appeal
Outcome
Application for leave to appeal stood over and procedural directions made.
Legal Topics
['leave to Appeal' 'consent Orders' 'submitting Appearance' 'adjournment' 'service of Documents' 'written Submissions']
['civil Procedure' 'appellate Procedure'] ['leave to Appeal' 'consent Orders' 'submitting Appearance' 'adjournment' 'service of Documents' 'written Submissions']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Adjournment and Procedural Directions in the Court of Appeal

Legal Issues

  1. 1 ['Whether the application for leave to appeal should proceed to the making of proposed consent orders when the second opponent opposed the orders and had only recently learned of them.' 'Whether the second and third opponents should be bound by a submitting appearance pursuant to s81 of the Supreme Court Act 1970.' 'Whether the application should be adjourned to allow the second and third opponents a proper opportunity to consider the position and obtain legal advice.']

Ratio Decidendi

Because the second opponent had only recently learned of the proposed consent orders and needed a proper opportunity to consider the claimant's application and obtain legal advice, the Court adjourned the application for leave to appeal and made procedural directions for service of materials and submissions, without deciding the merits of the s81 application or the leave application.

Court Disposition

Application for leave to appeal stood over and procedural directions made.

Orders

  • ["That this application for leave to appeal is stood over to the Registrar's call over list for the purpose of fixing a date for hearing;" 'That the application be stood over for mention before me at 9.30 am on 2 December 2002;' 'That the first opponent, Maclean Shire Council, serve those vols 1 and 2 of its...