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Mackenzie, Mairianne; Mackenzie, Iona & Keep the Original Route Supporters Inc v Head, Transport for Victoria & The Minister of Planning (Ruling) [2021] VSCA 24

PRACTICE AND PROCEDURE
Victorian Court of Appeal
Judge(s): 
Tate and Kennedy JJA
Parties: 

Mackenzie, Mairianne; Mackenzie, Iona & Keep the Original Route Supporters Inc v Head, Transport for Victoria & The Minister of Planning (Ruling)

Judgment Date: 
18 February 2021
Catchwords: 

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 [2020] 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.

Citation: