Karimbla Properties (No. 7) Pty Limited v North Sydney Council; Karimbla Properties (No.34) Pty Ltd & Ors v Bayside Council; Karimbla Properties (No.49) Pty Ltd & Ors v Council of the City Of Sydney

[2019] HCASL 126

KARIMBLA PROPERTIES (NO. 7) PTY LIMITED

v

NORTH SYDNEY COUNCIL

S321/2018

KARIMBLA PROPERTIES (NO.34) PTY LTD & ORS

v

BAYSIDE COUNCIL

S14/2019

KARIMBLA PROPERTIES (NO.49) PTY LTD & ORS

v

COUNCIL OF THE CITY OF SYDNEY

S15/2019

[2019] HCASL 126

1. The applicants seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (McColl and White JJA and Emmett AJA).  The applicants in Matters No S14/2019 and No S15/2019 each require an extension of time to enable their applications to proceed. 

2. The decision of the Court of Appeal is not attended by sufficient doubt to warrant the grant of special leave.  Accordingly, special leave to appeal should be refused in respect of each application, and it would be futile to grant the extensions of time sought in Matters No S14/2019 and No S15/2019. 

3. The applicants seek a costs order such that, in the event that special leave to appeal is refused in respect of their respective applications, the respondent Councils are treated as having one set of costs.  In our view, there is no reason to adopt that course.  The usual order as to costs should be made in respect of each application.

4. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal orders dismissing each of these applications with costs.

S.J. Gageler
17 April 2019 P.A. Keane