Bobolas v Waverley Council (No 2) [2020] NSWCA 315

Bobolas v Waverley Council (No 2) [2020] NSWCA 315

The applicants failed, without adequate explanation, to comply with the Court's directions and took no steps to advance their application. No grounds were identified upon which the proposed appeal might succeed. The summons seeking leave to appeal was dismissed for want of prosecution, with costs.

Jurisdiction
Australia
Judgment Date
07 December 2020
Procedural Posture
Summons Seeking Leave to Appeal / Application for Leave to Appeal, Summarily Dismissed
Outcome
Summons seeking leave to appeal dismissed for want of prosecution, with costs.
Legal Topics
['leave to Appeal' 'prosecution of Appeal' 'compliance With Court Directions' 'dismissal for Want of Prosecution']
['civil Procedure'] ['leave to Appeal' 'prosecution of Appeal' 'compliance With Court Directions' 'dismissal for Want of Prosecution']

Case Brief

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Procedural Posture

Summons Seeking Leave to Appeal / Application for Leave to Appeal, Summarily Dismissed

Legal Issues

  1. 1 ['Whether leave to appeal should be granted despite non-compliance with court directions' 'Whether summons should be dismissed for want of prosecution']

Ratio Decidendi

The applicants failed, without adequate explanation, to comply with the Court's directions and took no steps to advance their application. No grounds were identified upon which the proposed appeal might succeed. The summons seeking leave to appeal was dismissed for want of prosecution, with costs.

Court Disposition

Summons seeking leave to appeal dismissed for want of prosecution, with costs.

Orders

  • ['Summons seeking leave to appeal dismissed for want of prosecution.' "Applicants to pay the respondent's costs."]