NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Teoh v Hunters Hill Council [2009] NSWLEC 54
APPLICANT: Elaine Teoh
PARTIES : FIRST RESPONDENT: Hunters Hill Council
SECOND RESPONDENT: Ross E Williams
FILE NUMBER(S) : 40246 of 2008
CORAM: Biscoe J
KEY ISSUES: PRACTICE AND PROCEDURE :- motion to set aside judgment on ground that it was obtained by fraud - separate proceedings necessary.
LEGISLATION CITED: Uniform Civil Procedure Rules 2005, r 36.15(1)
CASES CITED: Hillman v Hillman [1977] 2 NSWLR 739
TEXTS CITED: Ritchie's Uniform Civil Procedure NSW [36.15.20]
DATES OF HEARING: 27 March 2009
EX TEMPORE JUDGMENT DATE : 27 March 2009
APPLICANT:
Ms E Teoh, in person SOLICITORS n/a
FIRST RESPONDENT: LEGAL REPRESENTATIVES: Mr J Reilly SOLICITORS HWL Ebsworth
SECOND RESPONDENT: Mr R. Czinner SOLICITORS Ronald S Czinner & Co
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
27 March 2009
40246 of 2008
ELAINE TEOH v HUNTERS HILL COUNCIL AND ANOR
EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a notice of motion filed by the applicant before the Registrar this morning. The notice of motion is couched unclearly but, among other things, it seeks an order that the court "reopen this matter on the ground of fraud". What is there referred to is a judgment delivered by Sheahan J on 16 September 2008 in which the applicant's Class 4 application for judicial review in relation to a development consent was dismissed with costs reserved. 2 On 3 February 2009 the respondents' application for costs in relation to those proceedings was heard by Sheahan J. Judgment has been reserved. The notice of motion now before the Court also seeks, amongst other things, an order that the "costs hearing in this matter be stayed". Upon my inquiry of the applicant, Ms Teoh, she explained that the basis for that stay application is the same fraud that she alleges in relation to her application to re-open the matter that was the subject of the judgment of Sheahan J on 16 September 2008.
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