NSW Caselaw
New South Wales Court of Appeal
CITATION: Jeray v Blue Mountains City Council & 2 Ors [2010] NSWCA 153
HEARING DATE(S): 22 April 2010
JUDGMENT DATE: 6 July 2010
JUDGMENT OF: Handley AJA at 20; Sackville AJA at 1
1. Subject to Order 2 extend the time for the filing of a notice of appeal to a date seven days from the date of these orders. DECISION: 2. Direct that the notice of appeal referred to in Order 1 be limited to a ground claiming that the orders made by Lloyd J on 16 July 2009 dismissing the proceedings denied procedural fairness to the applicant. 3. Further direct that the relief claimed in the notice of appeal be limited to appropriate relief should the ground referred to in Order 2 be made out. 4. The costs of the application for an extension of time be costs in the cause.
Land and Environment Court Act 1979 ss 20 58(1) 58(3) LEGISLATION CITED: Uniform Civil Procedure Rules 2005 rr 12.7 13.4(1)(c) 51.16 51.16(1)(c) (2)
CATEGORY: Principal judgment
Gallo v Dawson [1990] HCA 30 93 ALR 479 Hall v Nominal Defendant (1966) 117 CLR 423 Jae Kyung Lee v Bob Chae-Sang Cha [2008] NSWCA 13 CASES CITED: Minogue v Human Rights and Equal Opportunity Commission [1999] FCA 85 84 FCR 438 Rajski v Scitec Corporation Pty Ltd (unreported NSW Court of Appeal 16 June 1986)
Ivan Jeray (Applicant) PARTIES: Blue Mountains City Council (First Respondent) Greg Egan (Second Respondent) John Egan (Third Respondent)
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