NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bobolas v Waverley Council (No 2) [2020] NSWCA 315 Hearing dates: 7 December 2020 Date of orders: 7 December 2020 Decision date: 07 December 2020 Before: Macfarlan JA Decision: Summons seeking leave to appeal dismissed with costs. Catchwords: APPEALS – leave to appeal – summons seeking leave filed over three months earlier and no steps taken since – no identification of any ground upon which the proposed appeal might succeed – failure without adequate explanation to comply with Court's directions – summons dismissed for want of prosecution Category: Procedural and other rulings Parties: Elena Bobolas (First Applicant) Liana Bobolas (Second Applicant) Mary Bobolas (Third Applicant) Waverley Council (Respondent) Representation: Counsel: Self-represented First and Second Applicant Ms J Reid (Respondent)
Solicitors: Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2020/253297 Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: Class 4 Citation: [2020] NSWLEC 103; [2020] NSWLEC 127 Date of Decision: 31 July 2020; 31 August 2020; 1 September 2020 Before: Pain J File Number(s): 2020/91346
[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.]
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