Jeray v Blue Mountains City Council & 2 Ors [2010] NSWCA 281

Jeray v Blue Mountains City Council & 2 Ors [2010] NSWCA 281

The notice of motion to enlarge grounds of appeal was misconceived and unsupported by new evidence or change of circumstances; arguments previously rejected remained unarguable; therefore, motion should be dismissed with costs.

Jurisdiction
Australia
Judgment Date
27 October 2010
Procedural Posture
Notice of Motion in Appellate Proceedings / Application to Vary Interlocutory Orders
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['judicial Review' 'leave to Appeal' 'finality of Litigation' 'interlocutory Orders' 'bias Allegations']
['administrative Law' 'appeals'] ['judicial Review' 'leave to Appeal' 'finality of Litigation' 'interlocutory Orders' 'bias Allegations']

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Procedural Posture

Notice of Motion in Appellate Proceedings / Application to Vary Interlocutory Orders

Legal Issues

  1. 1 ['Whether the applicant can enlarge the grounds of appeal previously disallowed' "Whether grounds relating to alleged bias and judge's statements may be appealed" 'Whether the motion can be entertained absent new evidence or change of circumstances']

Ratio Decidendi

The notice of motion to enlarge grounds of appeal was misconceived and unsupported by new evidence or change of circumstances; arguments previously rejected remained unarguable; therefore, motion should be dismissed with costs.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ['Motion dismissed with costs.']