Maria Fokas v. Kogarah Municipal Council [1998] NSWLEC 84

Land and Environment Court of New South Wales

CITATION : Maria Fokas v. Kogarah Municipal Council [1998] NSWLEC 84 APPLICANT Maria Fokas PARTIES : RESPONDENT Kogarah Municipal Council FILE NUMBER(S) : 20001 of 1998 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1993 Land and Environment Court Act CASES CITED: Holcombe v Coulton (1988) 17 NSWLR 71; Australand Holdings Pty Ltd v Hornsby Council (18 June 1998, 10338 & 30078 of 1997) DATES OF HEARING: 25/06/98 EX TEMPORE JUDGMENT DATE : 06/25/1998

APPLICANT Applicant In Person Solicitors Applicant NA

LEGAL REPRESENTATIVES:

RESPONDENT Mr G Johnsten Simpson & Harrison

JUDGMENT:

After apparently some earlier proceedings, a letter was written by Mrs Fokas to the Council on 18 December 1997. That letter is in evidence before me as Exhibit F2.

At approximately the time that that letter was forwarded to the Council, the Council issued to Mrs Fokas an Order on 22 December 1997. The relevant communication is a letter of that date signed by Mr Young of the Council, which was in evidence before Assessor Brown as Exhibit 6.

On 9 January 1998, Mrs Fokas lodged with this Court an application in Class 2 of the Court's jurisdiction appealing against the relevant order issued under s 124 of the Local Government Act 1993. Her evidence rightly suggests that that notice is dated 22 December 1998 but it is obviously a reference to Exhibit 6, dated 22 December 1997.That appeal was heard by Assessor Brown on 27 March 1998 and he delivered his judgment on 30 March 1998.