Ballantyne v Riemer & Anor [2002] NSWSC 1156

New South Wales Supreme Court

CITATION : Ballantyne v Riemer & Anor [2002] NSWSC 1156 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12339/01 HEARING DATE(S) : 27 November 2002 JUDGMENT DATE : 2 December 2002

Trevor John Ballantyne PARTIES : Nicholas Riemer LCM Tania McGarritty JUDGMENT OF : Sperling J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Riemer LCM JUDICIAL OFFICER :

COUNSEL : The Appellant in person Mr D Burwood for the Second Respondent The Appellant in person SOLICITORS : Crown Solicitors for the First Respondent Short Flynn & Co Lawyers for the Second Respondent CATCHWORDS : No question of principle Justices Act 1902, s104, s104A, s109 Protection of the Environment Administration Act 1991, s3 LEGISLATION CITED : Protection of the Environment Operations Act 1997, s268 Suitors' Fund Act 1951 Supreme Court Act 1970, s69 Supreme Court Rules 1970, Pt51B r6 CASES CITED : Hill v Hodge (1993) 80 LGERA 54 DECISION : 1. Time for appeal from the order made on 5 December 2001 dismissing the amended summons extended to 31 May 2002 nunc pro tunc; 2. Appeal against order made on 5 December 2001 dismissing the amended summons allowed; 3. The orders made on 5 December 2001 for summary dismissal and for costs set aside; 4. The second respondent to have a certificate under the Suitors' Fund Act 1951; 5. Time for appeal from the determination of the Local Court on 20 February 2001 is extended to 27 July 2001 nunc pro tunc; 6. Appeal allowed in part; 7. The order for costs made by the local Court on 20 every 2001 set aside; 8. Proceedings remitted to the Local Court to rehear and redetermine the question of costs according to law; 9. Appeal otherwise dismissed; 10. No order as to costs in relation to the proceedings heard on 27 November 2002; 11. Liberty to apply for reconsideration of the question of the costs of the proceedings heard on 27 November 2002, any such application to be made within seven days from today's date.