Jeray v Blue Mountains City Council

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Jeray v Blue Mountains City Council [2012] NSWCA 339

Hearing dates:

15 June and 11 October 2012

Decision date:

11 October 2012

Before:

Allsop P at [1], [43]
Macfarlan JA at [42]

Decision:

As to the summons dated 15 February 2012 and filed 16 February 2012:

1. Extend time for the filing and service of the summons to a date conformable with compliance with the Rules.

2. Application for leave to appeal dismissed.

3. Summons dismissed.

4. Applicant pay the costs of the respondents.

As to the summons dated 9 July 2012 in respect of the decision of the Land and Environment Court of 23 November 2011:

1. Application for an extension of time in which to file and serve the summons for leave to appeal refused.

2. Summons otherwise dismissed with costs.

As to the summons dated 9 July 2012 in respect of the decision of the Land and Environment Court dated 30 November 2011:

1. Application for an extension of time in which to file and serve the summons for leave to appeal refused.

2. Summons otherwise dismissed with costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PRACTICE AND PROCEDURE - application for extension of time for leave to appeal - no question of principle

Legislation Cited:

Civil Procedure Act 2005 (NSW), ss 56-60
Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(1) and 36.16(2)(b)

Cases Cited:

Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367

Category:

Principal judgment

Parties:

Ivan Jeray (Applicant)
Blue Mountains City Council (First Respondent)
Greg Egan (Second Respondent)
John Egan (Third Respondent)

Representation:

In person (Applicant)
I J Hemmings (First Respondent)
P R Clay SC (Second and Third Respondents)
In person (Applicant)
Marsdens Law Group (First Respondent)
Crennan Legal (Second and Third Respondents)

File Number(s):

2012/53739 2012/191516 2012/225118

 Decision under appeal 

Citation:

[2011] NSWLEC 218
[2011] NSWLEC 228

Before:

Moore AJ

File Number(s):

2008/40986
2010/40517

Judgment

1. ALLSOP P: On 10 December 2010 this Court (Macfarlan JA and myself, Young JA dissenting) allowed an appeal of Mr Jeray from orders made by a judge of the Land and Environment Court on 16 July 2009 dismissing proceedings in that Court. The matter was remitted to the Land and Environment Court: see Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367. Mr Jeray and the Council were participating in the fourth day of a scheduled ten day hearing. The events that led to the dismissal are set out at [2010] NSWCA 367 at [13]-[23]. Briefly, and without attempting to be complete, Mr Jeray refused to proceed…