KELLY v COUNCIL OF THE CITY OF LAKE MACQUARIE [1997] NSWCA 173

KELLY v COUNCIL OF THE CITY OF LAKE MACQUARIE [1997] NSWCA 173

The arguable nature of both issues means it is convenient and expedient that the determination of leave to appeal and the hearing of the substantive appeal proceed together before a court of three judges.

Parties
Claimant: Kelly; First Opponent: Council of the City of Lake Macquarie; Other Party: Mr Buckworth
Jurisdiction
Australia
Judgment Date
22 September 1997
Procedural Posture
Appeal / Summons for Leave to Appeal
Outcome
Further hearing of the summons for leave stood over to be dealt with at the same time as the appeal; interim orders made regarding filing and notification.
Legal Topics
Costs Assessment, Leave to Appeal
Civil Procedure Costs Assessment Leave to Appeal

Case Brief

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Parties

Kelly

Claimant

Council of the City of Lake Macquarie

First Opponent

Mr Buckworth

Other Party

Procedural Posture

Appeal / Summons for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal is required in relation to the costs assessment decision

Ratio Decidendi

The arguable nature of both issues means it is convenient and expedient that the determination of leave to appeal and the hearing of the substantive appeal proceed together before a court of three judges.

Court Disposition

Further hearing of the summons for leave stood over to be dealt with at the same time as the appeal; interim orders made regarding filing and notification.

Orders

  • Further hearing of the summons for leave to appeal is stood over to be dealt with at the same time as the appeal when listed for hearing.
  • Notice of appeal with appointment to be filed within 28 days.