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Mackenzie, Mairianne; Mackenzie, Iona & Keep the Original Route Supporters Inc v Head, Transport for Victoria & The Minister of Planning (Ruling)  VSCA 24
PRACTICE AND PROCEDURE
Victorian Court of Appeal
Tate and Kennedy JJA
Mackenzie, Mairianne; Mackenzie, Iona & Keep the Original Route Supporters Inc v Head, Transport for Victoria & The Minister of Planning (Ruling)
18 February 2021
PRACTICE AND PROCEDURE - Application by applicants to adjourn hearing of application for leave to appeal - Appeal fixed for expedited hearing at request of applicants - Whether appeal hearing should be adjourned pending hearing and determination of trial division proceeding brought by different plaintiff concerning same highway duplication works - Separate issues for determination in two proceedings - Delay and prejudice - Aon Risk Services Australia Ltd v Australia National University (2009) 239 CLR 175, Traffic Technique Pty Ltd v Burgmann  VSCA 319, discussed - Civil Procedure Act 2010 ss 7, 9 - Application dismissed.
PRACTICE AND PROCEDURE - Application to amend application for leave to appeal - Application granted.