MIDDLETON v PARRAMATTA CITY COUNCIL [1998] NSWCA 141

MIDDLETON v PARRAMATTA CITY COUNCIL [1998] NSWCA 141

Leave to appeal is granted against Parramatta City Council but refused against the second opponent due to the potential miscarriage of trial by not addressing certain evidence. The costs application for indemnity costs by the second respondent is refused, and ordinary costs are ordered.

Parties
Claimant: Middleton; Respondent: Parramatta City Council; Respondent: Second Opponent / Respondent
Jurisdiction
Australia
Judgment Date
14 December 1998
Procedural Posture
Appeal / Leave to Appeal
Outcome
Leave to appeal granted against Parramatta City Council. Leave to appeal against the second opponent dismissed with costs.

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Middleton

Claimant

Parramatta City Council

Respondent

Second Opponent / Respondent

Respondent

Procedural Posture

Appeal / Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against Parramatta City Council
  2. 2 Whether leave to appeal should be granted against the second opponent
  3. 3 Whether the trial miscarried due to the trial judge's failure to address certain evidence

Ratio Decidendi

Leave to appeal is granted against Parramatta City Council but refused against the second opponent due to the potential miscarriage of trial by not addressing certain evidence. The costs application for indemnity costs by the second respondent is refused, and ordinary costs are ordered.

Court Disposition

Leave to appeal granted against Parramatta City Council. Leave to appeal against the second opponent dismissed with costs.

Orders

  • Leave to appeal against Parramatta City Council granted.
  • Summons for leave to appeal against the second opponent dismissed with costs.