Rumble v Liverpool Plains Shire Council [2015] NSWCA 125

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rumble v Liverpool Plains Shire Council [2015] NSWCA 125 Hearing dates: 10 March 2015 Decision date: 12 May 2015 Before: Beazley P at [1]; McColl JA at [84]; Basten JA at [96] Decision: (1) The applicants have leave to read affidavits dated 28 August 2014 filed by each in this Court, subject to those parts which constitute submissions being treated as such.

(2) In so far as the applicants seek to appeal from the judgment of Biscoe J delivered on 25 July 2013, refuse to extend time to appeal.

(3) In so far as the applicants seek to appeal from the judgments of Pain J of 19 February and 26 May 2014, extend time within which to appeal to 15 September 2014.

(4) Direct that the applicants file, within 14 days, a notice of appeal in the form of the draft contained in the white folder but limited to the appeal from the judgments of Pain J on the charges of contempt.

(5) Dismiss the appeal with respect to each applicant.

(6) Otherwise dismiss the summons seeking leave to appeal and the applicants' notice of motion.

(7) Order that the applicants, Robert George Rumble and Lee Rumble, pay the costs of the respondent Council in this Court, including the costs relating to the summons, the applicants' motion and the appeal.

(8) Confirm that the stay on enforcement of the orders made by Pain J expires upon the making of these orders. Catchwords: APPEAL – extension of time to appeal – applicants convicted of contempt seek to appeal from orders disobeyed – whether proposed grounds arguable and material – effect of successful appeal on contempt convictions