Liverpool City Council v Estephen

Liverpool City Council sought leave to join new parties to an appeal before the Court of Appeal of New South Wales. The dispute concerned an application to amend notices of appeal to include additional respondents.

The primary legal issue before the Court was whether to grant leave to the Council to amend its notices of appeal and to add new parties to the appeal, pursuant to rule 51.4(3) of the Uniform Civil Procedure Rules 2005 (NSW). The Court also considered whether to dispense with certain procedural requirements and to expedite the hearing of the appeals.

McColl JA granted leave to the Council to file and serve further amended notices of appeal and to add specific individuals as new parties to the appeal. The Court also directed that any application for leave to appeal concerning Mr Finch and Rock Excavations and Plant Hire Pty Limited be heard concurrently with the main appeals. Procedural directions were given regarding the filing of written submissions and the expedition of the hearing. The Council was ordered to pay the costs of the review on the ordinary basis.