Pittwater Council v Moore Development Group Pty Ltd & Anor [2004] NSWCA 278

Pittwater Council v Moore Development Group Pty Ltd & Anor [2004] NSWCA 278

Leave to appeal from the interlocutory order should be refused because the interlocutory order did not affect the final decision adversely to the Council and does not create any issue estoppel for other proceedings; therefore, the proposed appeal is incompetent.

Parties
Claimant: Pittwater Council; First Opponent: Moore Development Group Pty Ltd; Second Opponents: Anna Maria Romeo & Giuseppe Romeo
Jurisdiction
Australia
Judgment Date
09 August 2004
Procedural Posture
Class 1 Appeal / Application for Leave to Appeal From Interlocutory Order
Outcome
Summons for leave to appeal dismissed as incompetent.
Legal Topics
Appeals, Interlocutory Orders, Res Judicata, Issue Estoppel, Development Consent
Civil Procedure Planning Law Appeals Interlocutory Orders Res Judicata Issue Estoppel Development Consent

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Parties

Pittwater Council

Claimant

Moore Development Group Pty Ltd

First Opponent

Anna Maria Romeo & Giuseppe Romeo

Second Opponents

Procedural Posture

Class 1 Appeal / Application for Leave to Appeal From Interlocutory Order

Legal Issues

  1. 1 whether leave to appeal from an interlocutory order should be granted when the final decision was not adverse to appellant
  2. 2 whether the interlocutory decision creates an issue estoppel for other proceedings

Ratio Decidendi

Leave to appeal from the interlocutory order should be refused because the interlocutory order did not affect the final decision adversely to the Council and does not create any issue estoppel for other proceedings; therefore, the proposed appeal is incompetent.

Court Disposition

Summons for leave to appeal dismissed as incompetent.

Orders

  • Summons for leave to appeal dismissed as incompetent.
  • No order as to costs.