KELLY v NARRANDERA SHIRE COUNCIL SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL PRIESTLEY JA and POWELL JA 8 September 1997 [1997] NSWCA 174 Priestley JA. The court thinks this is an appropriate case for the granting of leave. Dealing with the orders sought in the summons for leave to appeal the court grants order 1 and orders that the costs of this summons be costs in the appeal. In saying that I have in mind that complications may arise in view of the different issues that could arise on any cross appeal or notices of contention that may be filed and it may be that some variation to the order may be necessary in due course, but in general terms it is sufficient at this point that the costs of this application be costs in the appeal subject to the qualifications I have mentioned. The court grants order 3. Priestley JA. (In chambers) Friday, 3 October 1997 Pursuant to what the court said on 8 September 1997 draft orders were lodged with my associate. On the assumption that they were agreed between the parties, as had been directed in the course of discussion on 8 September1997 (see transcript of submissions on that day, p 14, line 50 and following and p 15 lines 1 to 4) I make the orders as presented to me with the deletion of order 4. To enable identification of the orders being made I have initialled and dated the original form of the draft orders presented to me and direct that they be left with the papers. Orders accordingly.