Seek Justice Pty Ltd v Minister for Planning [2022] NSWCA 220

Seek Justice Pty Ltd v Minister for Planning [2022] NSWCA 220

The application for expedition was refused because, notwithstanding the applicant's promptness and the seriousness of alleged issues, the practical difficulties of having an appeal determined during the course of the event made expedition futile and not in the interests of justice. The event was already underway, and any delay in hearing an appeal decreased the utility of any grant of relief.

Jurisdiction
Australia
Judgment Date
27 October 2022
Procedural Posture
Application for Expedition in Appellate Proceedings / Interlocutory Application for Expedition of Leave Application and Appeal
Outcome
Application for expedition dismissed
Legal Topics
['application for Expedition' 'expedition of Leave Application' 'appeal Procedure' 'costs']
['practice and Procedure'] ['application for Expedition' 'expedition of Leave Application' 'appeal Procedure' 'costs']

Case Brief

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Procedural Posture

Application for Expedition in Appellate Proceedings / Interlocutory Application for Expedition of Leave Application and Appeal

Legal Issues

  1. 1 ['Whether it is in the interests of justice to grant expedition of the application for leave to appeal and appeal' 'Appropriateness of high degree of expedition sought']

Ratio Decidendi

The application for expedition was refused because, notwithstanding the applicant's promptness and the seriousness of alleged issues, the practical difficulties of having an appeal determined during the course of the event made expedition futile and not in the interests of justice. The event was already underway, and any delay in hearing an appeal decreased the utility of any grant of relief.

Court Disposition

Application for expedition dismissed

Orders

  • ['The application for expedition is dismissed.' "Costs of the application for expedition, and the withdrawn application for a 'stay', are to be in the cause."]