KELLY v NARRANDERA SHIRE COUNCIL [1997] NSWCA 174

KELLY v NARRANDERA SHIRE COUNCIL [1997] NSWCA 174

The court found that this was an appropriate case for granting leave to appeal and determined that the costs of the summons for leave should be costs in the appeal, subject to possible variations due to issues arising from cross appeals or notices of contention.

Parties
Kelly; Narrandera Shire Council
Jurisdiction
Australia
Judgment Date
08 September 1997
Procedural Posture
Appeal / Leave to Appeal Granted; Interlocutory Orders
Outcome
Leave to appeal granted. Orders made as per draft (with deletion of order 4). Costs of the summons are to be costs in the appeal (subject to variation).

Case Brief

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Parties

Kelly

Narrandera Shire Council

Procedural Posture

Appeal / Leave to Appeal Granted; Interlocutory Orders

Ratio Decidendi

The court found that this was an appropriate case for granting leave to appeal and determined that the costs of the summons for leave should be costs in the appeal, subject to possible variations due to issues arising from cross appeals or notices of contention.

Court Disposition

Leave to appeal granted. Orders made as per draft (with deletion of order 4). Costs of the summons are to be costs in the appeal (subject to variation).

Orders

  • Order 1 granted
  • Order 3 granted