Julius Kudrynski & Anor v Wollongong City Council

[2014] HCASL 92

JULIUS KUDRYNSKI & ANOR

v

WOLLONGONG CITY COUNCIL

[2014] HCASL 92
S7/2014

1. The applicants were served with notices by the respondent under s 121B of the Environmental Planning and Assessment Act 1979 (NSW) and s 124 of the Local Government Act 1993 (NSW) requiring them to remove unauthorised structures and to dispose of rubbish on their land in West Wollongong. They failed to do so. The respondent commenced proceedings in the Land and Environment Court of New South Wales claiming orders that the applicants comply with the notices. The Court (Sheahan J) made those orders.

2. The applicants appealed unsuccessfully to the Court of Appeal of the Supreme Court of New South Wales (Macfarlan, Barrett and Gleeson JJA).  They now apply for special leave to appeal. 

3. The applicants are not legally represented and their application falls to be determined under r 41.10 of the High Court Rules 2004 (Cth).

4. The draft notice of appeal does not contain any ground of appeal in proper form.  The applicants' written case largely consists of factual assertions that are unconnected to the reasons of the Court of Appeal.  Nothing in the written case calls into question the correctness of the decision of the Court of Appeal.  If special leave to appeal were granted, the appeal would have insufficient prospects of success.

5. The application is dismissed.

6. Pursuant to r 41.10. 5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
13 May 2014 S.J. Gageler