Jeray v Blue Mountains City Council

Case

[2011] NSWCA 307

15 September 2011


Details
AGLC Case Decision Date
Jeray v Blue Mountains City Council [2011] NSWCA 307 [2011] NSWCA 307 15 September 2011

CaseChat Overview and Summary

Jeray and Blue Mountains City Council were parties to proceedings before the Court of Appeal of New South Wales. The applicants, Jeray, sought leave to appeal against a decision of the primary court. However, the core of the matter before the Court of Appeal was an application by Jeray for an adjournment of their applications for leave to appeal.

The Court of Appeal was required to determine whether to grant the adjournment sought by Jeray. This involved considering whether there were sufficient grounds to postpone the hearing of the applications for leave to appeal, particularly in light of the fact that the applications themselves were for leave to appeal, not the substantive appeal.

Giles and Whealy JJA declined to grant the adjournment. Their Honours reasoned that there was no question of principle involved in the application for adjournment itself that warranted granting it. The Court's decision reflects a general reluctance to grant adjournments where no significant legal principle is at stake, and the applications for leave to appeal were not yet ready for substantive consideration.

Consequently, the Court of Appeal made orders declining to adjourn the applications for leave to appeal.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Limitation Periods

  • Jurisdiction

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