Makucha v Sydney Water Corporation (No 3)

In *Makucha v Sydney Water Corporation (No 3)*, the New South Wales Court of Appeal considered an application by Sydney Water Corporation to strike out a summons seeking leave to appeal against an interlocutory order. The core of the dispute revolved around whether this summons should be rendered otiose by a foreshadowed appeal against a final judgment.

The Court was required to determine whether the application to strike out the summons should be stood over, and in relation to the application for leave to appeal, whether the Registrar's order requiring the filing of white folders should be discharged.

Basten JA reasoned that the interlocutory appeal was likely to be rendered otiose by the anticipated appeal against the final judgment. Consequently, the Court ordered that both Sydney Water's notice of motion to strike out the summons and Mr Makucha's notice of motion seeking an extension of time and other orders be stood over to a date to be determined after the filing of the foreshadowed notice of appeal. The costs of the day were reserved as costs in the summons, and the Registrar's order regarding white folders was discharged.