CHRISS v WILLIAMS [1988] NSWCA 22

CHRISS v WILLIAMS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope, SAMUELS and MAHONEY JJA 20 May 1988

[1988] NSWCA 22

Appeal — Stay of proceedings — Appeal from Land and Environment Court — Proceedings part-heard before Assessor in which applicants objected to application of Ordinance 70 to the reconstruction of wall near boundary — Separate proceedings heard by Judge of Land and Environment Court in which adjoining owner sought to have building consent of local council held invalid and to be joined as party to proceedings before Assessor — Application for joinder refused — Appeal to Court of Appeal on question of law — Application to Court of Appeal to stay proceedings before Assessor pending that appeal — Supreme Court Rules Pt 8 r8 made applicable to the Land and Environment Court with necessary adaptations — Right of adjoining owner under Pt8 r 8 to be joined as party to proceedings before Assessor — Policy of legislation as to being a party and as to being heard — Application made to Assessor in proceedings before him to be joined as party refused — Adjoining owner given right to be heard before Assessor — Held proper course for adjoining owner was to appeal to Judge of Land and Environment Court against refusal by Assessor to join him as party if error of law was alleged — Stay refused.

ORDERS Application for stay of proceedings refused.

Hope JA This is an application by notice of motion that pending the determination of an appeal from a decision of Bignold J in the Land and Environment Court in proceedings between Mr John Chriss as application and Mr and Mrs Williams and the Mosman Municipal Council as respondents, proceedings before Assessor Nott in the Land and Environment Court being proceedings between Mr and Mrs Williams and the Mosman Municipal Council and being numbered 20224 of 1988 should be stayed.