Nash v The Corporation of the City of Marion
Case
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[2022] SASCA 95
•9 September 2022
Details
AGLC
Case
Decision Date
Nash v The Corporation of the City of Marion [2022] SASCA 95
[2022] SASCA 95
9 September 2022
CaseChat Overview and Summary
The Corporation of the City of Marion (the respondent) sought to recover rates owed by Mr Nash (the appellant) by selling his land. The appellant sought an adjournment, a stay of proceedings, leave to appeal, and an extension of time to appeal. The matter came before the Full Court of the Supreme Court of South Australia.
The Full Court was required to determine whether to grant the appellant's applications for an adjournment, a stay, leave to appeal, and an extension of time. The central question was whether there was any utility in granting these applications, particularly in light of the likely outcome of any substantive appeal.
The Court concluded that there was no utility in granting an extension of time for the appeal, and therefore refused that application. Similarly, the Court found no utility in granting leave to appeal. Consequently, all of the appellant's applications, including those for an adjournment and a stay, were dismissed.
The appeal itself was also dismissed.
The Full Court was required to determine whether to grant the appellant's applications for an adjournment, a stay, leave to appeal, and an extension of time. The central question was whether there was any utility in granting these applications, particularly in light of the likely outcome of any substantive appeal.
The Court concluded that there was no utility in granting an extension of time for the appeal, and therefore refused that application. Similarly, the Court found no utility in granting leave to appeal. Consequently, all of the appellant's applications, including those for an adjournment and a stay, were dismissed.
The appeal itself was also dismissed.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Procedural Fairness
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Remedies
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Stay of Proceedings
Actions
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Most Recent Citation
IN THE ESTATE OF NASH [2022] SASC 110
Cases Cited
3
Statutory Material Cited
1
The Corporation of the City of Marion v Nash
[2022] SASC 29
Anderson v The Council of Trinity Grammar School
[2018] NSWSC 1323
Harden Shire Council v Richardson
[2012] NSWSC 622