NEWCASTLE CITY COUNCIL v JEFFREY JOSEPH DOYLE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL GLEESON CJ, KirBy P and SAMUELS JA 24 September 1990 [1990] NSWCA 136 Gleeson CJ By majority the Court is of the view that this is an appropriate case for the grant of leave to appeal. However, the Court considers that in the circumstances it is also appropriate to attach the following condition to the grant of leave. The condition is that if the claimant's solicitors desire to pursue the appeal, they will within fourteen days from this date give to the solicitors for the opponent a written undertaking that in any event the claimant will pay the costs of the claimant and the costs of the opponent of the appeal. The costs of the application for leave to appeal will be costs in the appeal. This is an appropriate case for the grant of leave to appeal. However, the Court considers that in the circumstances it is also appropriate to attach the following condition to the grant of leave. The condition is that if the claimant's solicitors desire to pursue the appeal, they will within fourteen days from this date give to the solicitors for the opponent a written undertaking that in any event the claimant will pay the costs of the claimant and the costs of the opponent of the appeal. The costs of the application for leave to appeal will be costs in the appeal.