BUCKINGHAM v KURING-GAI MUNICIPAL COUNCIL [1991] NSWCA 37

BUCKINGHAM v KURING-GAI MUNICIPAL COUNCIL SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA 11 November 1991

[1991] NSWCA 37

Mahoney JA. This matter comes before the court on a summons. The summons has been issued by William Alfred Buckingham as claimant against Kuring-gai Municipal Council and the Legal Aid Commission of New South Wales. It is not clear from the summons what the basis of it is or what is the relief which is sought.

Rather than dismiss the proceeding as an abuse of process, as I have been asked to do, I have taken the course of, perhaps informally, enquiring as to what the substance of it is. Mr Buckingham has told me the basis of it and this, in substance, has been confirmed by Mr Abramowicz for the Council and Mr Agius for the Legal Aid Commission.

I have been informed from the Bar table by the parties that the genesis of this lies in a notice to carry out work upon Mr Buckingham's property which was issued by the Council. It is said from the Bar table that the notice was given on or about 7 December 1990. The notice was not complied with andproceedings were taken against Mr Buckingham in a Local Court. I am informed the validity of the notice was then litigated and the Local Court made orders against Mr Buckingham.

There was an appeal to the District Court and I am informed the matter was disposed of on 17 October 1991. The decision of the Local Court was confirmed.

The present summons raises matters which are not properly for the decision of this Court. The terms of it make this clear. The other parties have, with a view to avoiding costs and therefore without the necessity of a formal application supported by affidavits and the like, asked that I order the summons be dismissed as an abuse of process. I have had in mind the desirability of avoiding further costs to Mr Buckingham and wasting public time: for this reason I have enquired into the basis of the matter as I have.