Dubow v Mid-Western Regional Council (No 3) [2021] NSWCA 279

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dubow v Mid-Western Regional Council (No 3) [2021] NSWCA 279 Hearing dates: On the papers Decision date: 17 November 2021 Before: Basten JA; Brereton JA Decision: 1 Dismiss the application for leave to appeal from judgments of 16 June, 25 June and 28 July 2021 in the Common Law Division. 2 Order the applicant to pay the respondent's costs of the application. Catchwords: APPEAL – application for leave to appeal – judicial review of conduct of local council – whether local council an impounding authority – powers of council officers to impound stock straying on public road – whether alpacas are stock or animals PROCEDURE – costs – availability of gross costs order – notice of intention to make gross costs order – whether procedural unfairness Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Impounding Act 1993 (NSW) Local Land Services Act 2013 (NSW), ss 114, 116; Pt 8 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Dubow v Mid-Western Regional Council [2019] NSWCATAD 142 Dubow v Mid-Western Regional Council [2019] NSWCATAP 242 Category: Principal judgment Parties: Yolande Victoria Frances Dubow (Applicant) Mid-Western Regional Council (Respondent) Representation: Counsel: Applicant self-represented Mr S Fitzpatrick (Respondent)

Solicitors: Applicant self-represented Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/176714 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2021] NSWSC 699; [2021] NSWSC 767; [2021] NSWSC 922 Date of Decision: 16 June 2021; 25 June 2021; 28 July 2021 Before: Adamson J File Number(s): 2019/381044