WEST v CAMPBELL [1989] NSWCA 229

WEST v CAMPBELL [1989] NSWCA 229

The motion was dismissed because the claimant had not complied with the relevant Rules as to filing appeal papers, and there were no grounds for expedition or interim orders; costs awarded against the claimant for bringing the motion unnecessarily.

Parties
Claimant/appellant: West; First Opponent/respondent: Campbell; Third Opponent/respondent: Northern Star Limited; Fourth Opponent/respondent: Murrumbidgee Irrigation Pty Limited; Second Opponent/respondent: George Henry Taylor trading as Harold W Taylor
Jurisdiction
Australia
Judgment Date
13 November 1989
Procedural Posture
Appeal / Motion for Procedural Orders Before Appeal Hearing
Outcome
motion dismissed
Legal Topics
Appeal Procedures, Expedition, Costs
Practice and Procedure Appeal Procedures Expedition Costs

Case Brief

Summary, issues, holding and outcome

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Parties

West

Claimant/appellant

Campbell

First Opponent/respondent

Northern Star Limited

Third Opponent/respondent

Murrumbidgee Irrigation Pty Limited

Fourth Opponent/respondent

George Henry Taylor trading as Harold W Taylor

Second Opponent/respondent

Procedural Posture

Appeal / Motion for Procedural Orders Before Appeal Hearing

Legal Issues

  1. 1 Whether it is appropriate to expedite the hearing of the appeal given non-compliance with filing rules
  2. 2 Whether the court should make orders declaring the nature of proceedings or award damages at this stage
  3. 3 Whether costs should be awarded given the unsuccessful motion

Ratio Decidendi

The motion was dismissed because the claimant had not complied with the relevant Rules as to filing appeal papers, and there were no grounds for expedition or interim orders; costs awarded against the claimant for bringing the motion unnecessarily.

Court Disposition

motion dismissed

Orders

  • Stand over to the Registrar on Friday 17 November 1989 for settlement of appeal papers
  • Order the claimant to pay the costs of the first, third and fourth opponents of and incidental to the motion