RW MILLER AND CO PTY LTD v SHORTLAND COUNTY COUNCIL [1989] NSWCA 171

RW MILLER AND CO PTY LTD v SHORTLAND COUNTY COUNCIL

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 6 November 1989

[1989] NSWCA 171

Mahoney JA This matter comes before the court today in relation to an appeal and an application for leave to appeal. The court records show that on 16 October 1989 certain orders were made involving that the application for leave and the appeal be before the court on 30 October 1989, with the prospect of the two matters being dealt with together.

Directions were given as to the preparation of papers and the exchange of written submissions. For reasons it is not necessary to detail, the directions could not be complied with. The matter has been listed today. It has been asked that the hearing of the application for leave be stood over until 27 November 1989 when that application as amended, to take account of what Bryson J has done in other proceedings, is to come before the court. No doubt it is contemplated by the parties that on that date the appeal can be and may be heard together with the application.

I note that the parties have agreed as to the steps to be taken in relation to preparation of the appeal papers, written submissions and otherwise as set forth in the proceedings of 16 October 1989 (at 6 of the transcript). It is not necessary for me to make any orders in that regard.

The application for leave to appeal will therefore be stood over to 27 November 1989 when, if the court is able to do so and considers it appropriate, the leave application and the appeal may be heard together.

The court is informed that on previous occasions an indication was given that on the date for hearing of them the matter should have some kind of priority. I do not make any formal order. No doubt what was said on those occasions will be taken into account.