Bobolas v Waverley Council [2016] NSWCA 84

Bobolas v Waverley Council [2016] NSWCA 84

The appellants did not provide a copy of the alleged facsimile and gave no satisfactory explanation of how the facsimile or transcripts could affect the substantive relief sought. The Court was not satisfied that the omitted documents were capable of casting light on the issues identified in the notice of appeal, so the adjournment application was rejected.

Jurisdiction
Australia
Judgment Date
18 April 2016
Procedural Posture
Appeal From Land and Environment Court Orders / Application for Adjournment at Commencement of Appeal
Outcome
Application for adjournment rejected.
Legal Topics
['application for Adjournment' 'appeal Books' 'omitted Documents']
['procedure'] ['application for Adjournment' 'appeal Books' 'omitted Documents']

Case Brief

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Procedural Posture

Appeal From Land and Environment Court Orders / Application for Adjournment at Commencement of Appeal

Legal Issues

  1. 1 ['Whether the appeal should be adjourned because the respondent allegedly failed to include relevant documents in the appeal books.']

Ratio Decidendi

The appellants did not provide a copy of the alleged facsimile and gave no satisfactory explanation of how the facsimile or transcripts could affect the substantive relief sought. The Court was not satisfied that the omitted documents were capable of casting light on the issues identified in the notice of appeal, so the adjournment application was rejected.

Court Disposition

Application for adjournment rejected.

Orders

  • ['Application for adjournment rejected.']