LOGWON PTY LTD v WARRINGAH SHIRE COUNCIL [1991] NSWCA 173

LOGWON PTY LTD v WARRINGAH SHIRE COUNCIL [1991] NSWCA 173

No error of law was demonstrated in the approach of the Land and Environment Court (Stein J), and the matter was not appropriate for the grant of leave to appeal.

Parties
Claimant: Logwon Pty Ltd; Opponent: Warringah Shire Council
Jurisdiction
Australia
Judgment Date
29 July 1991
Procedural Posture
Leave to Appeal / Summons for Leave to Appeal to Court of Appeal
Outcome
Leave to appeal refused. Summons dismissed with costs. Motion for extension of time dismissed with no further order as to costs.
Legal Topics
Leave to Appeal, Error of Law, Costs Order
Land and Environment Leave to Appeal Error of Law Costs Order

Case Brief

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Parties

Logwon Pty Ltd

Claimant

Warringah Shire Council

Opponent

Procedural Posture

Leave to Appeal / Summons for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether an error of law was shown to justify the grant of leave to appeal from the Land and Environment Court decision regarding costs.

Ratio Decidendi

No error of law was demonstrated in the approach of the Land and Environment Court (Stein J), and the matter was not appropriate for the grant of leave to appeal.

Court Disposition

Leave to appeal refused. Summons dismissed with costs. Motion for extension of time dismissed with no further order as to costs.

Orders

  • Leave to amend the first paragraph of the summons by deletion of the words 'in relation to costs'
  • Summons dismissed with costs