Marrickville Municipal Council v Moustafa

Marrickville Municipal Council (the Council) sought to amend its grounds of appeal in proceedings against Mr Moustafa. The application was heard by Sheller JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the Council should be granted leave to amend its notice of appeal. This involved considering the nature of the proposed amendments and whether they fell within the scope of the original leave granted for the appeal.

Sheller JA granted the Council leave to amend its grounds of appeal generally. However, his Honour also granted Mr Moustafa leave to apply to strike out those amended grounds at the hearing of the appeal, or earlier if advised, on the basis that they might be outside the terms and conditions upon which leave to appeal was originally granted. The Council was ordered to pay the costs of this application.