NSW Caselaw
New South Wales Court of Appeal
CITATION: Jeray v Blue Mountains City Council [2009] NSWCA 415
HEARING DATE(S): 14 December 2009
JUDGMENT DATE: 14 December 2009
JUDGMENT OF: Hodgson JA at 1
EX TEMPORE JUDGMENT DATE: 14 December 2009
I make order 1 of the Notice of Motion filed 7 December 2009 but with the intent that it not prevent the costs assessment in relation to such costs orders proceeding. DECISION: I order that the first respondent not commence a costs assessment in relation to the costs orders made by Lloyd J on 16 July 2009 until the application for leave and/or appeal in this case is determined. I order that the costs of this application be costs in the application for leave and appeal if leave is granted to appeal.
CATCHWORDS: PROCEDURE - Appeal - Stay of costs order - Whether assessment of costs should also be stayed.
LEGISLATION CITED: Legal Profession Act s.353
CATEGORY: Procedural and other rulings
Ivan JERAY (applicant) PARTIES: BLUE MOUNTAINS CITY COUNCIL (first respondent) Greg EGAN (second respondent) John EGAN (third respondent)
FILE NUMBER(S): CA 40409/09
In person (applicant) COUNSEL: J McCULLAN (Sol) (first respondent) F BERGLUND (second and third respondents)
SOLICITORS: Marsdens Law Group (first respondent) McIntosh McPhillamy & Co (second and third respondents)
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): LEC 40986/08
LOWER COURT JUDICIAL OFFICER: Lloyd J
LOWER COURT DATE OF DECISION: 16 July 2009
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