NSW Caselaw
New South Wales Court of Appeal
CITATION: City of Sydney Council v Satara [2007] NSWCA 148
HEARING DATE(S): 8 June 2007 JUDGMENT OF: Beazley JA at 1; Tobias JA at 2; McColl JA at 3
EX TEMPORE JUDGMENT DATE: 8 June 2007
DECISION: 1. Grant leave to appeal. 2. Notice of appeal to be filed within seven days. 3. Appeal dismissed. 4. Respondent to pay the appellant's costs of the application for leave to appeal and the appeal, and, with respect to the latter, to have a certificate under the Suitors' Fund Act 1951 if otherwise qualified.
CATCHWORDS: PROCEDURE – adjournments – discretionary considerations – trial date vacated to await outcome of application for special leave to appeal to the High Court from a judgment on arguably related principle in the Court of Appeal – improper exercise of discretion.
Civil Liability Act 2002 Civil Procedure Act 2005 LEGISLATION CITED: Evidence Act 1995 Suitors' Fund Act 1951 Workers Compensation (Dust Diseases) Act 1942
Geelong Football Club Ltd v Clifford [2002] VSCA 212 Hinckley & South Leicestershire Permanent Benefit Building Society v Freeman [1941] Ch 32 James Hardie & Co Pty Ltd v Newton (1997) 42 NSWLR 729 Meggitt Overseas Ltd & Ors v Grdovic (1998) 43 NSWLR 527 Murrumbidgee Groundwater Preservation Association Inc v Minister for Natural Resources [2005] NSWCA 10; (2005) 138 LGERA 11 North Sydney Council v Roman [2007] NSWCA 27; (2007) 150 LGERA 419 R v Whiteway; Ex parte Stephenson [1961] VR 168 Ramsay v Aberfoyle Manufacturing Co (Aust) Pty Ltd [1935] HCA 75; (1935) 54 CLR 230 CASES CITED: Re Chapman's Settlement Trusts [1953] 1 All ER 103 Re Downshire's Settled Estates [1953] Ch 218; [1953] 1 All ER 103 Re Yates' Settlement Trusts [1954] 1 All ER 619 Repatriation Commission v Law (1980) 47 FLR 57 South Tweed Heads Rugby League Football Club Ltd v Cole [2002] NSWCA 205; (2002) 55 NSWLR 113 Sydney City Council v Ke-Su Investments Pty Ltd [1985] 1 NSWLR 246 Thornton v Repatriation Commission (1981) 52 FLR 285 Watson v Watson (1968) 70 SR (NSW) 203 Willow Wren Canal Carrying Co Ltd v British Transport Commission [1956] 1 WLR 213
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