GINIOTIS v THE COUNCIL OF THE CITY OF BLACKTOWN [1990] NSWCA 67

GINIOTIS v THE COUNCIL OF THE CITY OF BLACKTOWN [1990] NSWCA 67

The relief sought by Mrs Giniotis was outside the jurisdiction of the Court of Appeal or misconceived, and the motion was dismissed with costs.

Parties
Claimant: Mrs Giniotis; Opponent: The Council of the City of Blacktown
Jurisdiction
Australia
Judgment Date
10 December 1990
Procedural Posture
Motion / Court of Appeal Decision on Motion
Outcome
Motion dismissed with costs.
Legal Topics
Dismissal of Summons, Costs Order, Jurisdiction of Court of Appeal
Practice and Procedure Dismissal of Summons Costs Order Jurisdiction of Court of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Giniotis

Claimant

The Council of the City of Blacktown

Opponent

Procedural Posture

Motion / Court of Appeal Decision on Motion

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to dismiss the summons of the Blacktown Council after determination in the District and Local Courts
  2. 2 Whether the Court of Appeal can order the Council to provide free sewerage services
  3. 3 Whether the Court can order reimbursement of costs to the applicant

Ratio Decidendi

The relief sought by Mrs Giniotis was outside the jurisdiction of the Court of Appeal or misconceived, and the motion was dismissed with costs.

Court Disposition

Motion dismissed with costs.

Orders

  • Motion dismissed with costs.