Kelly v Mosman Municipal Council [2012] NSWCA 291

Non-compliance with the self executing order of Young JA on 5 March 2012 resulted in dismissal of the appeal; the Court has no further power to make substantive orders in the litigation, but may make consequential orders such as an order for costs.

Parties: Applicant/respondent: Lydia Williams; Respondent/applicant: Mosman Municipal Council
Jurisdiction: Australia
Judgment Date: 31 August 2012
Procedural Posture: Appeal / Post Dismissal; Consequential Orders
Outcome: Appeal dismissed by operation of self executing order. Court makes consequential orders, including costs.
Legal Topics: Self Executing Orders, Appeal Dismissal, Costs

Civil Procedure Self Executing Orders Appeal Dismissal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Lydia Williams

Applicant/respondent

Mosman Municipal Council

Respondent/applicant

Procedural Posture

Appeal / Post Dismissal; Consequential Orders

Legal Issues

1 Effect of non-compliance with self executing orders on the continuation of appeal proceedings
2 Jurisdiction to make consequential orders following dismissal under a self executing order
3 Whether further documents can be filed after appeal concluded by self-executing order

Ratio Decidendi

Court Disposition

Appeal dismissed by operation of self executing order. Court makes consequential orders, including costs.

Orders

The appellant pay the respondents costs of the appeal, save insofar as the appellant has not already been ordered to pay those costs.
Note that this appeal has ended pursuant to the self executing order made by Young JA on 5 March 2012.