Dubow v Mid-Western Regional Council [2021] NSWSC 225

Supreme Court New South Wales

Medium Neutral Citation: Dubow v Mid-Western Regional Council [2021] NSWSC 225 Hearing dates: 10 March 2021 Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Common Law Before: Gleeson J Decision: (1) Strike out pars [2], [5], [6] and [9] (the words "the Administrative and Civil Tribunal decisions: or") of the amended summons filed 12 March 2020. (2) Otherwise dismiss the defendant's notice of motion filed 14 May 2020. (3) Grant leave to the plaintiff to file and serve within 14 days a further amended summons in the terms of Form 85, by including the claims for relief in pars [1], [2] and [5] of the notice of motion dated 23 May 2020, subject to the condition that the further amended summons state with respect to each of the decisions of the defendant in 2019 and 2020 challenged by the plaintiff (a) the terms of the decision to be reviewed and (b) with specificity, the grounds on which the relief is sought. (4) Otherwise dismiss the plaintiff's notice of motion dated 23 May 2020. (5) The costs of the defendant's motion filed 14 May 2020 be the defendant's costs in the cause. (6) The costs of the plaintiff's motion filed 23 May 2020 be the plaintiff's costs in the cause. (7) Stand over the proceedings before Adamson J on Monday, 12 April 2021 at 9:15 am, or on such other date as notified to the parties by the Court. Catchwords: CIVIL PROCEDURE – summary disposal – dismissal of proceedings – where triable factual and legal questions CIVIL PROCEDURE – application for determination of separate question – where time for judicial review expired – whether an extension of time should be determined prior to final hearing CIVIL PROCEDURE – claim seeking judicial review of decisions by local council to impound and sell stock – application to amend amended summons – application granted on condition of compliance with UCPR, r 59.4 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 93 Impounding Act 1993 (NSW), ss 9, 20, 24, 42 Local Land Services Act 2013 (NSW), ss 114, 115, 116 Supreme Court Act 1970 (NSW), ss 69, 75 Uniform Civil Procedure Rules 2005 (NSW), rr 6.12, 7.36, 13.4, 13.14, 28.2, 59.3, 59.4, 59.10 Cases Cited: Cudgegong Australia Pty Ltd v Transport for NSW [2018] NSWSC 929 Dyason v Butterworth [2015] NSWCA 52 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Toth v Director of Public Prosecutions (NSW) [2014] NSWCA 133 Category: Procedural rulings Parties: Yolande Dubow (Plaintiff) Mid-Western Regional Council (Defendant) Representation: Counsel: Y Dubow (Self-represented) (Plaintiff) C Zoppo (Solicitor) (Defendant)