D'Arcy v Bega Valley Shire Council [No 2] [2003] NSWLEC 183

> Land and Environment Court of New South Wales

CITATION : D'Arcy v Bega Valley Shire Council [No 2] [2003] NSWLEC 183 APPLICANT John Kevin D'Arcy PARTIES : RESPONDENT Bega Valley Shire Council FILE NUMBER(S) : 10945 of 2001 CORAM: Pain J KEY ISSUES: Question of Law :- previous judgments delivered on questions of law in these Class 1 proceedings and related Class 4 proceedings - whether questions of law posed should be answered LEGISLATION CITED: Land and Environment Court Act 1979 s 58 CASES CITED: Bega Valley Shire Council v D'Arcy [2002] NSWLEC 225; D'Arcy v Bega Valley Shire Council [2002] NSWLEC 88 DATES OF HEARING: 21/07/2003 DATE OF JUDGMENT: 07/22/2003

APPLICANT Mr J D'Arcy (in person)

LEGAL REPRESENTATIVES: RESPONDENT Mr M McMahon (solicitor) SOLICITORS M.E. McMahon & Associates

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10945 of 2001

Pain J

22 July 2003 JOHN KEVIN D'ARCY Applicant v BEGA VALLEY SHIRE COUNCIL Respondent Judgment

1. In order to understand the proceedings in which I am currently giving a decision it is first necessary to set out a brief history of the matter to date. I note that Mr D'Arcy, the Applicant, has represented himself throughout these proceedings. Mr McMahon, solicitor, has represented Bega Valley Shire Council (the Council).