Liverpool City Council v Estephen [2008] NSWCA 245

Liverpool City Council v Estephen [2008] NSWCA 245

Leave granted to file Further Amended Notices of Appeal and to add identified parties to the appeal as persons directly affected by relief sought; to the extent leave to appeal is required, any application for leave to appeal as against Mr Finch and Rock Excavations should be heard concurrently with principal appeals; costs of review to be paid by Council on ordinary basis.

Jurisdiction
Australia
Judgment Date
29 September 2008
Procedural Posture
Application/review of Registrar's Decision in Appeal Proceedings / Interlocutory (procedural Orders, Leave to Appeal, Addition of Parties)
Outcome
Leave granted to file Further Amended Notices of Appeal and to join new parties; procedural orders made; Council to pay costs on ordinary basis.
Legal Topics
['application to Join Parties on Appeal' 'leave to Appeal' 'costs' 'apportionment of Liability']
['civil Procedure'] ['application to Join Parties on Appeal' 'leave to Appeal' 'costs' 'apportionment of Liability']

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 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application/review of Registrar's Decision in Appeal Proceedings / Interlocutory (procedural Orders, Leave to Appeal, Addition of Parties)

Legal Issues

  1. 1 ['Should leave be granted to add new parties to the appeal?' 'Should leave be granted to file and serve a Further Amended Notice of Appeal?' 'Is leave to appeal required in relation to orders affecting Mr Finch and Rock Excavations?' 'Appropriate order for costs of review']

Ratio Decidendi

Leave granted to file Further Amended Notices of Appeal and to add identified parties to the appeal as persons directly affected by relief sought; to the extent leave to appeal is required, any application for leave to appeal as against Mr Finch and Rock Excavations should be heard concurrently with principal appeals; costs of review to be paid by Council on ordinary basis.

Court Disposition

Leave granted to file Further Amended Notices of Appeal and to join new parties; procedural orders made; Council to pay costs on ordinary basis.

Orders

  • ['Leave granted to Council to file and serve Further Amended Notices of Appeal.' 'Leave granted to Council to add second to eighth respondents as parties to appeal.' 'Any application for leave to appeal as against Mr Finch and Rock Excavations to be heard concurrently with main appeals.' 'Dispense with requirement...