Woodhouse v Thalis

[2018] NSWCA 97

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Woodhouse v Thalis [2018] NSWCA 97
Hearing dates:	4 May 2018
Date of orders:	04 May 2018
Decision date:	07 May 2018
Before:	McColl JA at [1]; Meagher JA at [1]
Decision:	1.   Refuse Mr Woodhouse’s application for an adjournment of today’s hearing of the summons seeking leave to appeal from Justice Bellew’s decision of 15 December 2017. 2.   Dismiss the application for leave to appeal from Justice Bellew’s decision. 3.   Order the applicant to pay the respondent’s costs of the application for leave to appeal and today. 4.   Reasons reserved for publication on Monday 7 May 2018.
Catchwords:	PRACTICE AND PROCEDURE – application for leave to appeal – applicant a litigant in person – where applicant did not appear at hearing – application for adjournment sought on grounds of ill health – where applicant emailed Registrar stating that he would not appear in court due to illness – whether medical evidence demonstrates applicant unable to appear for medical reasons – interests of justice
Legislation Cited:	Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Local Government Act 1993 (NSW) Oaths Act 1900 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited:	Woodhouse v Thalis [2017] NSWCATAD 260
Category:	Principal judgment
Parties:	Andrew Lance Woodhouse (Applicant) Philip Thalis (Respondent)
Representation:	Counsel: In Person (Applicant) S Blanks (Respondent)   Solicitors: In Person (Applicant) SBA Lawyers (Respondent)
File Number(s):	2018/12401
Publication restriction:	No
Decision under appeal	Court or tribunal: Supreme Court of NSW Jurisdiction: Common Law Citation: [2017] NSWSC 1725 Date of Decision: 15 December 2017 Before: Bellew J File Number(s): 2017/213057

Judgment

1. The Court: The applicant, Andrew Lance Woodhouse, sought leave to appeal pursuant to s 101 of the Supreme Court Act 1970 (NSW) against Bellew J’s interlocutory decision in Woodhouse v Thalis. [1] Philip Thalis, the respondent, is a councillor on the Council of the City of Sydney (the Council). He was elected to that position at Local Government elections held on 10 September 2016.

   1. [2017] NSWSC 1725.

2. By an application filed in the NSW Civil and Administrative Tribunal on 9 December 2016, Mr Woodhouse sought orders pursuant to s 329 of the Local Government Act 1993 (NSW), disqualifying Mr Thalis from being a councillor, rescinding all decisions involving Mr Thalis and the Council and prohibiting Mr Thalis from standing for any council (disqualification application).

3. On 17 May 2017, in the circumstances to which we refer below, the NCAT “confirmed” that those proceedings had been dismissed pursuant to a self-executing order made on 27 April 2017, and also made a (further) order for the dismissal of the proceedings pursuant to Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), s 55(1)(c). [2]

   2. Woodhouse v Thalis [2017] NSWCATAD 260 (Tribunal decision). Although the Tribunal’s reasons are dated 17 May 2017, it appears they were provided in written form to Mr Woodhouse on 22 August 2017.

4. Bellew J…