Ross Connell v. Armidale City Council [1998] NSWLEC 117

Land and Environment Court of New South Wales

CITATION : Ross Connell v. Armidale City Council [1998] NSWLEC 117 APPLICANT Ross Connell PARTIES : RESPONDENT Armidale City Council FILE NUMBER(S) : 30098 of 1997 CORAM: Pearlman J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act 1979 CASES CITED: DATES OF HEARING: 05/02/98 EX TEMPORE JUDGMENT DATE : 02/05/1998

APPLICANT In Person LEGAL REPRESENTATIVES: RESPONDENT Mr S V Brockwell Messrs Weaver Gentle and Harrisson

JUDGMENT: In this matter the council seeks, without notice, the dismissal of a class 3 application made by Mr Connell. The council relies on the affidavit of Mr R B Tumeth, sworn on 3 February 1998.

Mr Connell appeared this morning and I gave him leave to make an address to the Court. But Mr Connell's difficulty is that on 1 September 1997, in matter number 40023 of 1997, this Court declared Mr Connell to be a vexatious litigant for the purpose of s 70 of the Land and Environment Court Act 1979. Amongst other things the Court ordered that Mr Connell be restrained from continuing any existing proceedings taken by him against the Armidale Council without the leave of the Court.

The history of this particular matter is set out in Mr Tumeth's affidavit. The proceedings were filed on 29 July 1997, by Mr Connell. There was a callover on 12 August 1997, at which Mr Connell did not appear, but the respondent did, and the proceedings were adjourned to 26 August 1997. On that occasion Mr Connell did not appear, so the proceedings were adjourned yet again for a callover on 9 September 1997. On that day the order declaring Mr Connell a vexatious litigant had previously been made, but the parties who appeared; Mr Connell and Mr Brockwell, were unaware of its terms, as was the Registrar. In those circumstances the Registrar made various directions about the filing of points of assessment of compensation, points of claim, and points of defence. At the same time the Registrar adjourned the matter for a further callover on 22 October 1997. On 17 October 1997, according to Mr Tumeth's affidavit, he caused to be forwarded by mail to Mr Connell the council's points of assessment.