Jeray v Blue Mountains City Council [2010] NSWCA 354

The application to vacate the hearing of the appeal was dismissed because the grounds, including the applicant's health and pending special leave application, did not justify vacation. The substantive issue of procedural fairness will be dealt with at the scheduled appeal hearing.

Parties: Applicant: Ivan Jeray; First Respondent: Blue Mountains City Council; Second Respondent: Greg Egan; Third Respondent: John Egan
Jurisdiction: Australia
Judgment Date: 13 December 2010
Procedural Posture: Civil / Application to Vacate Hearing Date of Appeal
Outcome: Application to vacate hearing date dismissed
Legal Topics: Interlocutory Application, Vacation of Hearing Date, Procedural Fairness

Civil Procedure Interlocutory Application Vacation of Hearing Date Procedural Fairness

Case Brief

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Parties

Ivan Jeray

Applicant

Blue Mountains City Council

First Respondent

Greg Egan

Second Respondent

John Egan

Third Respondent

Procedural Posture

Civil / Application to Vacate Hearing Date of Appeal

Legal Issues

1 Whether the hearing date for the appeal should be vacated for reasons including the applicant's health and ongoing application for special leave to appeal

Ratio Decidendi

Court Disposition

Application to vacate hearing date dismissed

Orders

Application for vacation of hearing date on Wednesday 15 December 2010 is dismissed.
The question of costs of today to be dealt with by the Court of Appeal on Wednesday 15 December 2010.