Jarvie v Hawkesbury City Council [2009] NSWLEC 220

Land and Environment Court of New South Wales

CITATION : Jarvie v Hawkesbury City Council [2009] NSWLEC 220

APPLICANT: Russell Jarvie PARTIES : RESPONDENT: Hawkesbury City Council

FILE NUMBER(S) : 10109 of 2007

CORAM: Biscoe J

KEY ISSUES: PRACTICE AND PROCEDURE :- stay of former bankrupt's application to reinstate his proceedings until he has paid other party's costs of other proceedings.

LEGISLATION CITED: Civil Procedure Act 2005, s 67 Uniform Civil Procedure Rules 2005, r 12.4

CASES CITED: Chalik v Wales [2006] NSWSC 129

TEXTS CITED: Ritchie's Uniform Civil Procedure NSW, 12.4.5

DATES OF HEARING: 9 December 2009

EX TEMPORE JUDGMENT DATE : 9 December 2009

APPLICANT: Mr R Jarvie, in person SOLICITORS n/a LEGAL REPRESENTATIVES: RESPONDENT: Ms L Finn, solicitor SOLICITORS HWL Ebsworth

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

9 December 2009

10109 of 2007

JARVIE v HAWKESBURY CITY COUNCIL

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a notice of motion by the respondent council for an order that the leave application by the applicant, Mr Jarvie, for the reinstatement of proceedings 10109 of 2007 (2007 proceedings) be stayed until Mr Jarvie has paid the council's costs in proceedings 11350 of 2004 (2004 proceedings). 2004 PROCEEDINGS 2 In 2003 the applicant lodged a development application for the use of property at 1575 Bells Line of Road, Kurrajong Heights for the purpose of a commercial bore. In November 2004 the applicant filed the 2004 proceedings, which were a merits appeal to this Court against the council's deemed refusal of the 2003 development application. In December 2004 the council determined to refuse consent to that development application. In the 2004 proceedings a person was appointed as a court appointed hydrology expert. On 28 March 2006 the applicant discontinued the 2004 proceedings. 3 On 24 August 2006, Mr Jarvie was declared bankrupt.