Kelly v Mosman Municipal Council [2010] NSWCA 370

Kelly v Mosman Municipal Council [2010] NSWCA 370

Extension of time for appeal or leave to appeal against orders of Jagot J and Lloyd J is refused due to significant delay and absence of reasonable prospects of success; pro bono referral is granted only in respect of specific appeal grounds against Biscoe J's judgments; address for service requirements not met by post office box; costs ordered against the appellant for dismissed portions of appeal; stay of orders granted in relation to Biscoe J pending further determination.

Parties
Applicant: David Kelly; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
13 December 2010
Procedural Posture
Appeal / Interlocutory Application in Court of Appeal; Judgments on Notice of Motion and Related Procedural Orders
Outcome
Orders made in interlocutory application: some orders refused, others stood over or granted in part, portions of appeal dismissed, costs awarded and enforcement stayed.
Legal Topics
Appeals, Mc Kenzie Friend, Pro Bono Legal Assistance, Address for Service, Extension of Time, Contempt of Court, Stay of Judgment
Civil Procedure Local Government Law Appeals Mc Kenzie Friend Pro Bono Legal Assistance Address for Service Extension of Time Contempt of Court +1 more

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Parties

David Kelly

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Appeal / Interlocutory Application in Court of Appeal; Judgments on Notice of Motion and Related Procedural Orders

Legal Issues

  1. 1 Whether leave should be granted for a McKenzie friend to assist the applicant
  2. 2 Whether pro bono referral is warranted for appeal grounds
  3. 3 Whether extension of time to appeal should be granted for previous Land and Environment Court decisions

Ratio Decidendi

Extension of time for appeal or leave to appeal against orders of Jagot J and Lloyd J is refused due to significant delay and absence of reasonable prospects of success; pro bono referral is granted only in respect of specific appeal grounds against Biscoe J's judgments; address for service requirements not met by post office box; costs ordered against the appellant for dismissed portions of appeal; stay of orders granted in relation to Biscoe J pending further determination.

Court Disposition

Orders made in interlocutory application: some orders refused, others stood over or granted in part, portions of appeal dismissed, costs awarded and enforcement stayed.

Orders

  • Application for indefinite leave for McKenzie friend stood over for future determination.
  • Referral for pro bono legal assistance granted for specific appeal grounds relating to Biscoe J's decisions.