Creaser v Savannah Associates Ltd [2002 FCA 835

Creaser v Savannah Associates Ltd [2002 FCA 835

Leave to appeal should not be granted where the orders appealed from have been discharged and no longer exist, rendering the appeal moot. Costs should follow the event in the absence of special circumstances.

Parties
Applicant: Wayne Creaser; First Respondent: Savannah Associates Limited; Second Respondent: Wylkian Pty Limited; Third Respondent: Australian Spectaculars Pty Limited; Fourth Respondent: Harold Scott Upton; Respondent: Raymond Schofield
Jurisdiction
Australia
Judgment Date
07 June 2002
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
Leave to Appeal, Interlocutory Relief, Costs
Administrative Law Leave to Appeal Interlocutory Relief Costs

Case Brief

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Parties

Wayne Creaser

Applicant

Savannah Associates Limited

First Respondent

Wylkian Pty Limited

Second Respondent

Australian Spectaculars Pty Limited

Third Respondent

Harold Scott Upton

Fourth Respondent

Raymond Schofield

Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against interlocutory order
  2. 2 Effect of discharge of orders by lower court on justiciability of appeal
  3. 3 Appropriate order as to costs where orders under appeal no longer exist

Ratio Decidendi

Leave to appeal should not be granted where the orders appealed from have been discharged and no longer exist, rendering the appeal moot. Costs should follow the event in the absence of special circumstances.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal in each proceeding be dismissed.
  • The applicant pay the costs of the respondents in each proceeding.