Stankovic v The Hills Shire Council and Namul Pty Ltd [2017] NSWCA 49

Stankovic v The Hills Shire Council and Namul Pty Ltd [2017] NSWCA 49

The applicant's claim to ownership had already been conclusively determined against him and he failed to satisfy any statutory tests for joinder; no arguable case or issue warranting leave to appeal.

Jurisdiction
Australia
Judgment Date
16 March 2017
Procedural Posture
Application for Leave to Appeal / Leave Sought From Land and Environment Court Decision
Outcome
Leave to appeal refused; summons dismissed with costs.
Legal Topics
['joinder to Proceedings' 'ownership Disputes' 'leave to Appeal']
['civil Procedure'] ['joinder to Proceedings' 'ownership Disputes' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave Sought From Land and Environment Court Decision

Legal Issues

  1. 1 ['Whether leave to appeal refusal to join proceedings should be granted' 'Whether applicant is lawful owner of Kellyville land']

Ratio Decidendi

The applicant's claim to ownership had already been conclusively determined against him and he failed to satisfy any statutory tests for joinder; no arguable case or issue warranting leave to appeal.

Court Disposition

Leave to appeal refused; summons dismissed with costs.

Orders

  • ['Dismiss the summons seeking leave to appeal filed on 2 December 2016 with costs.']