WILKIE v COUNCIL OF THE CITY OF BLACKTOWN [1992] NSWCA 273

WILKIE v COUNCIL OF THE CITY OF BLACKTOWN [1992] NSWCA 273

Given the significant delay and lack of evidence of incapacity to seek review, and in light of the procedural history, the court declined to intervene to stay execution of the Land and Environment Court orders.

Parties
Claimant: Robert Wilkie; Opponent: Council of the City of Blacktown
Jurisdiction
Australia
Judgment Date
13 January 1992
Procedural Posture
Application for Stay / Informal Motion Before Court of Appeal
Outcome
Application refused
Legal Topics
Stay of Execution, Appellate Review, Compliance With Court Orders
Contempt of Court Stay of Execution Appellate Review Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Robert Wilkie

Claimant

Council of the City of Blacktown

Opponent

Procedural Posture

Application for Stay / Informal Motion Before Court of Appeal

Legal Issues

  1. 1 Whether to stay execution of orders made by the Land and Environment Court pending appellate review
  2. 2 Whether sufficient grounds exist given the applicant's illness and delay

Ratio Decidendi

Given the significant delay and lack of evidence of incapacity to seek review, and in light of the procedural history, the court declined to intervene to stay execution of the Land and Environment Court orders.

Court Disposition

Application refused

Orders

  • Application for stay of execution refused
  • Summons and affidavit to remain with the papers