DARCY SMITH AND ANOR v WYONG SHIRE COUNCIL [1992] NSWCA 231

DARCY SMITH AND ANOR v WYONG SHIRE COUNCIL [1992] NSWCA 231

The summons for leave to appeal is dismissed because the application is not timely and there is no reasonable likelihood of success on any ground of appeal argued.

Parties
Claimants: Darcy Smith and Anor; Opponent: Wyong Shire Council
Jurisdiction
Australia
Judgment Date
06 July 1992
Procedural Posture
Summons for Leave to Appeal / Court of Appeal Leave to Appeal Against Refusal of Stay
Outcome
Leave to appeal refused; summons dismissed
Legal Topics
Settlement of Litigation, Stay of Proceedings, Timeliness of Appeal
Contract Practice and Procedure Settlement of Litigation Stay of Proceedings Timeliness of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Darcy Smith and Anor

Claimants

Wyong Shire Council

Opponent

Procedural Posture

Summons for Leave to Appeal / Court of Appeal Leave to Appeal Against Refusal of Stay

Legal Issues

  1. 1 Whether leave to appeal against refusal of stay should be granted
  2. 2 Whether proceedings following settlement require mere promise or actual performance
  3. 3 Whether appeal is timely

Ratio Decidendi

The summons for leave to appeal is dismissed because the application is not timely and there is no reasonable likelihood of success on any ground of appeal argued.

Court Disposition

Leave to appeal refused; summons dismissed

Orders

  • The summons is dismissed.
  • The claimants must pay the opponent's costs.