RITCHIE v THE MANLY MUNICIPAL COUNCIL [1993] NSWCA 236

RITCHIE v THE MANLY MUNICIPAL COUNCIL [1993] NSWCA 236

The costs of the application to strike out the appeal should be paid by the plaintiff, but enforcement is stayed until the final determination of the appeal, and may be set off against any entitlement resulting from the appeal.

Parties
Plaintiff: Ritchie; Defendant: The Manly Municipal Council
Jurisdiction
Australia
Judgment Date
19 April 1993
Procedural Posture
Appeal / Interlocutory Application
Outcome
Motion dismissed. Costs of the application ordered against plaintiff but enforcement stayed until the appeal is determined and may be set off against any appeal entitlement.

Case Brief

Summary, issues, holding and outcome

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Parties

Ritchie

Plaintiff

The Manly Municipal Council

Defendant

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether the appeal should be struck out for want of prosecution
  2. 2 Whether costs of the application to strike out should be ordered against the plaintiff

Ratio Decidendi

The costs of the application to strike out the appeal should be paid by the plaintiff, but enforcement is stayed until the final determination of the appeal, and may be set off against any entitlement resulting from the appeal.

Court Disposition

Motion dismissed. Costs of the application ordered against plaintiff but enforcement stayed until the appeal is determined and may be set off against any appeal entitlement.

Orders

  • The motion is dismissed.
  • The costs of the application to strike out the appeal is to be paid by the plaintiff, but not to be enforced until the appeal is heard and determined and to be set off against any amount that the plaintiff may be entitled to as a result of any appeal.