BOURNE v MURPHY [1996] NSWCA 60

BOURNE v MURPHY [1996] NSWCA 60

Given the short period until the hearing date and the absence of demonstrated prejudice, the court granted expedition of the appeal and stayed the orders of the judge below pending appeal.

Parties
Plaintiff: Alice Murphy; Third Defendant: Christine Bourne
Jurisdiction
Australia
Judgment Date
20 May 1996
Procedural Posture
Appeal / Interlocutory Application for Expedition and Stay Pending Appeal
Outcome
Application granted. Appeal to be expedited and orders of judge below stayed pending determination of appeal or further order. Costs reserved.
Legal Topics
Dismissal of Councillor, Election Irregularities, Stay of Orders Pending Appeal, Expedited Appeal Hearing
Local Government Law Electoral Law Civil Procedure Dismissal of Councillor Election Irregularities Stay of Orders Pending Appeal Expedited Appeal Hearing

Case Brief

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Parties

Alice Murphy

Plaintiff

Christine Bourne

Third Defendant

Procedural Posture

Appeal / Interlocutory Application for Expedition and Stay Pending Appeal

Legal Issues

  1. 1 Whether the appeal should be heard on an expedited basis
  2. 2 Whether orders made at first instance should be stayed pending the determination of the appeal

Ratio Decidendi

Given the short period until the hearing date and the absence of demonstrated prejudice, the court granted expedition of the appeal and stayed the orders of the judge below pending appeal.

Court Disposition

Application granted. Appeal to be expedited and orders of judge below stayed pending determination of appeal or further order. Costs reserved.

Orders

  • The hearing of the appeal is fixed for 6 June 1996.
  • Orders made by the judge below are stayed pending determination of the appeal or further order.