Liverpool City Council v Estephen [2008] NSWCA 245

New South Wales Court of Appeal

CITATION: Liverpool City Council v Estephen [2008] NSWCA 245 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 29 September 2008 JUDGMENT OF: McColl JA

EX TEMPORE JUDGMENT DATE: 29 September 2008

(1) Leave granted to the Council to file and serve Further Amended Notices of Appeal in the form annexed to the affidavit of Mr Gibbons of 4 August 2008. (2) Leave granted to the Council to add as new parties to the appeal those persons identified as the second to eighth respondents in the Further Amended Notice of Appeal annexed to Mr Gibbon's affidavit of 4 August 2008. (3) Any application for leave to appeal insofar as the Further Amended Notice of Appeal seeks orders against Mr Finch and Rock Excavations and Plant Hire Pty Limited to be heard concurrently with the appeals the subject of the Further Amended Notices of Appeal. DECISION: (4) Dispense with the requirement that the appellant file a White Book in either extant appeal. (5) Submissions as to the leave issue should be included in the parties' written submissions in the Orange Book. (6) Expedite the hearing of the appeals. (7) Council to pay all respondents' costs of the review on the ordinary basis.

CATCHWORDS: PRACTICE AND PROCEDURE – application to join parties to appeal – Uniform Civil Procedure Rules 2005 51.4(3)

Civil Liability Act 2002 Civil Procedure Act 2005 Compensation to Relatives Act 1897 LEGISLATION CITED: District Court Act 1973 Supreme Court Act 1970 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005