NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hurstville City Council v Jacobs [2008] NSWLEC 237
APPLICANT: Hurstville City Council PARTIES : RESPONDENT: Kevin Roy Jacobs
FILE NUMBER(S) : 40013 of 2006
CORAM: Biscoe J
KEY ISSUES: Practice and Procedure :- application to vacate hearing date and to stay proceedings.
LEGISLATION CITED: Local Government Act 1993 (NSW), s 678
CASES CITED: Hurstville City Council v Jacobs [2007] NSWLEC 630
DATES OF HEARING: 5 August 2008
EX TEMPORE JUDGMENT DATE : 5 August 2008
APPLICANT: Dr S. Berveling, barrister SOLICITORS HWL Ebsworth LEGAL REPRESENTATIVES: RESPONDENT: Mr K. R. Jacobs (in person) SOLICITORS N/A
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
5 August 2008
40013 of 2006
HURSTVILLE CITY COUNCIL v KEVIN ROY JACOBS
EX TEMPORE JUDGMENT 1 HIS HONOUR: These proceedings by Hurstville City Council against Mr Kevin Jacobs are listed for hearing before me today. At the moment I am dealing with a notice of motion by Mr Jacobs filed on 29 July 2008 that the hearing date be vacated and that the council's proceedings be stayed pending the further progress of his application for leave to appeal to the High Court of Australia No S334 of 2008 filed on 17 July 2008. 2 The proceedings listed for hearing before me today are constituted by the council's further amended notice of motion filed on 2 June 2008 which seeks the following:
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