NEWCASTLE CITY COUNCIL v SMITH [1988] NSWCA 103

NEWCASTLE CITY COUNCIL v SMITH [1988] NSWCA 103

The respondent has not complied with the rules regarding appeal procedure and has not prosecuted the appeal with due diligence; however, rather than immediately striking out the appeal, the court sets a timetable for compliance, with potential for striking out if there is further non-compliance.

Parties
Applicant: Newcastle City Council; Respondent: Mr Smith
Jurisdiction
Australia
Judgment Date
16 May 1988
Procedural Posture
Motion / Interlocutory
Outcome
Interlocutory orders made; appeal not struck out at this stage.
Legal Topics
Appeal Procedure, Failure to Prosecute, Environmental Orders
Civil Procedure Environmental Law Appeal Procedure Failure to Prosecute Environmental Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Newcastle City Council

Applicant

Mr Smith

Respondent

Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 Whether the respondent failed to duly prosecute his appeal in accordance with the rules
  2. 2 Whether the appeal should be struck out for lack of due diligence

Ratio Decidendi

The respondent has not complied with the rules regarding appeal procedure and has not prosecuted the appeal with due diligence; however, rather than immediately striking out the appeal, the court sets a timetable for compliance, with potential for striking out if there is further non-compliance.

Court Disposition

Interlocutory orders made; appeal not struck out at this stage.

Orders

  • The draft index is to be filed within two weeks.
  • An appointment for settlement of appeal papers is to be fixed for four weeks after that.