VALASSIS v SOUTH SYDNEY CITY COUNCIL [1997] NSWCA 327

VALASSIS v SOUTH SYDNEY CITY COUNCIL SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

HANDLEY JA and BEAZLEY JA 24 February 1997

[1997] NSWCA 327

Handley JA. This is an application by Mr Valassis appearing in person for leave to appeal from a decision of Stein J on 19 September 1996 in the Land and Environment Court.

The proceedings before Stein J involved an application by South Sydney City Council for an order under s 70 (2) of the Land and Environment Court Act for a declaration that Mr Valassis was a vexatious litigant and for orders restraining him from instituting any legal proceedings in that Court against the Council without the leave of the Court.

Stein J, for reasons which he gave, made orders as sought by the Council. Mr Valassis did not either appeal or seek leave to appeal within the necessary time but made an application to Stein J either for leave to proceed with his pending appeal in the Land and Environment Court, or forreconsideration of the decision of 19 September, that notice of motion filed on 4 October was dismissed on 28 October. Mr Valassis has not sought leave to appeal from the second decision of Stein J.

The present summons raises a question as to the powers of this Court to entertain appeals from decisions of the Land and Environment Court under s 70 of its Act declaring or refusing to declare a litigant vexatious. Pt 3 of the Land and Environment Court Act defines the jurisdiction of the Court and divides that jurisdiction into six classes, each of which is elaborately defined and described.

Proceedings under s 70 of the Land and Environment Court Act do not appear to fall within any of these classes of the Court's jurisdiction. Of course the proceeding which led the Council to initiate its application under s 70 was an appeal to the Court in Class 1 of its jurisdiction against the refusal of the South Sydney Council to grant development consent on an application made by Mr Valassis relating to his premises at 304A Chalmers Street, Redfern.