MANALDO PTY LTD v BAULKHAM HILLS SHIRE COUNCIL and ANOR [1997] NSWCA 193

MANALDO PTY LTD v BAULKHAM HILLS SHIRE COUNCIL and ANOR [1997] NSWCA 193

Not sufficient reason has been shown, connected with the appeal as an appeal on specified questions of law, to warrant acceding to the appellant's request for adjournment; the appeal should proceed in the ordinary course.

Parties
Applicant/appellant: Manaldo Pty Ltd; Respondent: Baulkham Hills Shire Council; Respondent: ANOR
Jurisdiction
Australia
Judgment Date
01 December 1997
Procedural Posture
Appeal / Application to Adjourn the Hearing of the Appeal
Outcome
application dismissed

Case Brief

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Parties

Manaldo Pty Ltd

Applicant/appellant

Baulkham Hills Shire Council

Respondent

ANOR

Respondent

Procedural Posture

Appeal / Application to Adjourn the Hearing of the Appeal

Legal Issues

  1. 1 Should the hearing of the appeal be adjourned or stood out of the list?
  2. 2 Are there sufficient reasons to postpone the hearing date fixed for the appeal?

Ratio Decidendi

Not sufficient reason has been shown, connected with the appeal as an appeal on specified questions of law, to warrant acceding to the appellant's request for adjournment; the appeal should proceed in the ordinary course.

Court Disposition

application dismissed

Orders

  • The application to adjourn the hearing of the appeal is dismissed.
  • The costs of this application are the costs of the two respondents in the appeal.