Land and Environment Court
New South Wales
Medium Neutral Citation: Lane Cove Council v Ross (No 7) [2013] NSWLEC 76 Hearing dates: 28 May 2013 Decision date: 28 May 2013 Jurisdiction: Class 4 Before: Pepper J Decision: Application to adjourn proceedings refused.
Catchwords: PROCEDURE: application to adjourn proceedings on the grounds of a medical condition and lack of representation - no evidence demonstrating condition - application refused. Cases Cited: Jeray v Blue Mountains City Council [2011] NSWLEC 218
Palerang Council v Banfield [2012] NSWLEC 85Category: Interlocutory applications Parties: Lane Cove Council (Applicant)
Mr Raymond Ross (Respondent)Representation: Mr N Eastman (Applicant)
Mr R Ross (in person) (Respondent)
Pikes & Verekers Lawyers (Applicant)
N/A (Respondent)
File Number(s): 40628 of 2012
Ex Tempore Judgment
Mr Ross Makes a Second Application for an Adjournment
This is an application made by Mr Ross for a further adjournment of these proceedings. It is made in circumstances where yesterday, Mr Ross made an application for an adjournment, which is presently part-heard, while the Court deals with a recusal application, in which the Court is also part-heard.
The grounds upon which Mr Ross seeks this adjournment are twofold:
(a) first, because he is unrepresented; and
(b) second, because he has a medical condition, namely, a migraine.
With respect to the first reason, the mere fact that Mr Ross is unrepresented does not, of itself, warrant the adjournment of the proceedings, these being, in particular, civil proceedings, for which Mr Ross has had considerable notice and time to prepare.
As to the second reason, I refer to the decision of Jeray v Blue Mountains City Council [2011] NSWLEC 218 per Moore AJ (at [9]-[11]), where Mr Jeray made a similar application. The application was rejected by the Court because of the inadequacy of the medical evidence in support of the application (see also the decision of the Court in Palerang Council v Banfield [2012] NSWLEC 85 per Lloyd AJ at [10]-[12]).
In the present case, no evidence whatsoever has been offered by Mr Ross to demonstrate that he has a medical condition warranting an adjournment.
Orders
In these circumstances, I reject the application.
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- AGLC
- Lane Cove Council v Ross (No 7) [2013] NSWLEC 76
- Case
- [2013] NSWLEC 76
- Decision Date
CaseChat Overview and Summary
The Council argued that it had the authority to issue the rates under the Local Government Act and that Ross was liable to pay them. Ross contested the Council's authority, claiming that the rates were issued outside the statutory framework and that they were therefore invalid. The court considered the legislative provisions that granted the Council the power to levy rates and examined the procedures followed by the Council in issuing the rates. It also assessed whether Ross had any valid legal grounds to dispute the rates, such as a challenge to the Council's authority or an argument that the rates were excessive or unreasonable.
In its judgment, the court found that the Council had the statutory authority to issue the rates and that the procedures followed were in accordance with the law. The court determined that Ross had no valid defence against the payment of the rates and dismissed his claims. The Council's authority to levy rates was upheld, and Ross was held liable to pay the rates, penalties, and costs. The application to adjourn the proceedings was refused by the court.
Orders
Orders of the court
Application to adjourn proceedings refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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