Bobolas v Waverley Council

Land and Environment Court

New South Wales

Medium Neutral Citation:	Bobolas v Waverley Council [2019] NSWLEC 148
Hearing dates:	24 September 2019
Date of orders:	24 September 2019
Decision date:	24 September 2019
Jurisdiction:	Class 4
Before:	Moore J
Decision:	Application to vacate dismissed.
Catchwords:	APPLICATION TO VACATE – application made on first scheduled hearing day – prior warning of need for timely application if to be made – no valid complaints concerning service of documents – no valid basis for application to vacate – application dismissed.
Legislation Cited:	Civil Procedure Act 2005, s 56
Cases Cited:	UTSG Pty Limited v Sydney Metro (No 5) [2019] NSWLEC 107
Category:	Procedural and other rulings
Parties:	Mary Bobolas (First Applicant) Elena Bobolas (Second Applicant) Liana Bobolas (Third Applicant) Waverley Council (Respondent)
Representation:	Counsel: Ms E Bobolas in person and as agent for Ms M Bobolas Ms L Bobolas in person Mr Richard Lancaster SC/Ms J Reid, barrister (Respondent)   Solicitors: Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	178004 of 2019 (Class 1), 177991 of 2019 (Class 2), 50888 of 2018 and 208865 of 2019 (Class 4)
Publication restriction:	No

EXTEMPORE JUDGMENT

1. HIS HONOUR: Listed today before me for final hearing are matters involving four matters in various classes the Court’s jurisdiction. Two of them, Matter No 41027 of 2014 and Matter No 50888 of 2018, are what might conveniently be regarded as being residual Class 4 matters. Matter No 177991 of 2019 is a Class 2 appeal in which the appellants are said to be both Ms Elena and Ms Liana Bobolas and their mother, Ms Mary Bobolas. The final matter number is 178004 of 2019, a Class 1 appeal said to have been initiated by the same Bobolas parties.

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2. Meaning no disrespect to the Bobolases, I propose to refer to them collectively, unless it is necessary to refer to them individually for a specific purpose.

3. All four matters were before Pepper J to be dealt with for procedural directions on 4 July 2019. On that occasion, during hearing for which the transcript occupies some 48 pages, Ms Elena Bobolas, Ms Liana Bobolas and Ms Mary Bobolas appeared representing themselves.

4. On that occasion, her Honour made nine orders. The first of them was a notation of an understanding offered by Waverley Council (the Council) that the Council would not take further action with respect to various orders that were the subject of the four sets of proceedings.

5. Her Honour then listed in (2) that the matter was set down for a final hearing on 24 and 25 September 2019 at 10.00 am before a judge of the Court. Orders (3) to (6) then set a timetable for matters that were to be complied with by both the Council and by the Bobolases concerning evidence, Statements of Facts and Contentions and written submissions prior to the hearing that was set down to commence today. Order (7) made by her Honour vacated a directions hearing on 9 July 2019. Order (8) reserved costs…