Jeray v Blue Mountains City Council & Ors [2011] NSWCA 307

Jeray v Blue Mountains City Council & Ors [2011] NSWCA 307

There was no error by the Registrar in listing the matters for hearing. The white folders were sufficiently complete for the applications to proceed. The existence of prospective appeals from later decisions does not justify adjournment. The applications for adjournment are refused.

Parties
Applicant: Ivan Jeray; Respondent: Blue Mountains City Council; Second Respondent: Greg Egan; Third Respondent: John Egan
Jurisdiction
Australia
Judgment Date
15 September 2011
Procedural Posture
Interlocutory Applications / Application for Adjournment of Applications for Leave to Appeal
Outcome
Application for adjournment refused
Legal Topics
Adjournment, Leave to Appeal, Court Procedure
Civil Procedure Adjournment Leave to Appeal Court Procedure

Case Brief

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Parties

Ivan Jeray

Applicant

Blue Mountains City Council

Respondent

Greg Egan

Second Respondent

John Egan

Third Respondent

Procedural Posture

Interlocutory Applications / Application for Adjournment of Applications for Leave to Appeal

Legal Issues

  1. 1 Whether applications for leave to appeal should be adjourned
  2. 2 Whether there was error by the Registrar in listing the applications

Ratio Decidendi

There was no error by the Registrar in listing the matters for hearing. The white folders were sufficiently complete for the applications to proceed. The existence of prospective appeals from later decisions does not justify adjournment. The applications for adjournment are refused.

Court Disposition

Application for adjournment refused

Orders

  • Applications for leave to appeal will proceed to hearing; adjournment declined.