Seek Justice Pty Ltd v Blue Mountains City Council [2022] NSWCA 41

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Seek Justice Pty Ltd v Blue Mountains City Council [2022] NSWCA 41 Hearing dates: 21 March 2022 Date of orders: 21 March 2022 Decision date: 21 March 2022 Before: Basten JA Decision: (1) Dismiss the application for review of the decision of the Registrar. (2) Applicant to pay the costs of the second respondent in this Court other than those that have been the subject of previous orders. Catchwords: PRACTICE AND PROCEDURE – review of decision of Registrar – show cause direction – proceeding dismissed for non-compliance – failure to comply with directions and attend directions hearings – proceedings lacking utility Legislation Cited: Supreme Court Act 1970 (NSW), s 121 Uniform Civil Procedure Rules 2005 (NSW), rr 13.6, 49.19 Cases Cited: Seek Justice Pty Ltd v Blue Mountains City Council [2021] NSWCA 87 Seek Justice Pty Ltd v Blue Mountains City Council [2021] NSWLEC 42 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Procedural rulings Parties: Seek Justice Pty Ltd (Applicant) Blue Mountains Local Planning Panel/Blue Mountains City Council (First Respondent) USM Events Pty Ltd (Second Respondent) Representation: Counsel: No appearance by Applicant Mr Campbell (Second Respondent)

Solicitors: Applicant unrepresented Sparke Helmore Lawyers (Second Respondent) File Number(s): 2021/133390 Decision under review Court or tribunal: Court of Appeal Citation: N/A Date of Decision: 18 October 2021 Before: Registrar Riznyczok File Number(s): 2021/133390