PORT STEPHENS COUNCIL v HOWSHIP HOLDINGS LIMITED [1997] NSWCA 250

PORT STEPHENS COUNCIL v HOWSHIP HOLDINGS LIMITED

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA and POWELL JA 22 September 1997

[1997] NSWCA 250

Priestley JA. This application for leave is refused. The Court is of the view that it would have been of no practical utility to grant it because the point which would have been argued in the appeal is going to be in a position where it could be the subject of an appeal next week, upon what we have been told.

For the reasons bound up with that, we think we should also make the usual order for costs, namely, that the application for leave is dismissed with costs. I note further we have also ordered that the claimant have leave to amend the summons upon which it proceeded today in the event that judgment does go against it next week, as has been predicted in the course of submissions, so whatever benefit there can be from not having a separate set of proceedings will be available to the prospective appellant.

We also note that the claimant has told the Court that if the opponent today and the putative respondent next week seeks expedition of the hearing of the putative appeal, then the claimant is agreeable to the matter being expedited and will file the necessary document so an expedition application can be dealt with on the papers by a judge in chambers.

Orders accordingly.