NSW Caselaw
New South Wales Court of Appeal
CITATION: Fokas v Kogarah Council [2008] NSWCA 145
HEARING DATE(S): On the papers
JUDGMENT DATE: 26 June 2008
JUDGMENT OF: Allsop P; Tobias JA
DECISION: (a) Summons for leave to appeal dismissed. (b) The applicant to pay the second respondent's costs of the summons.
CATCHWORDS: Leave application – Land and Environment Court – Uniform Civil Procedure Rules – Power of the court to set aside or vary judgment or order – Order dismissing proceedings – Discretion not to grant leave
Electricity Supply Act 1995 (NSW) LEGISLATION CITED: Environment Planning and Assessment Act 1979 (NSW) ss 96, 116F Land and Environment Court Rules 1996 (repealed) pt 15, rr 2 and 9 Uniform Civil Procedure Rules 2005 rr 13.4, 36.16 and 51.15
CATEGORY: Principal judgment
Bailey v Marinoff [1971] HCA 49; (1971) 125 CLR 529 CASES CITED: De L v Director-General of Community Services (No.2) [1997] HCA 14; (1997) 190 CLR 207; (1997) 143 ALR 171; (1997) 71 ALJR 588 DJL v Central Authority [2000] HCA 17; 201 CLR 226; 170 ALR 659; 74 ALJR 706 Fokas v Kogarah Council & Anor [2008] NSWLEC 74
Maria Fokas PARTIES: Kogarah Council Energy Australia
FILE NUMBER(S): CA 40061/08
A: Self-represented COUNSEL: 1R: Submitting 2R: Mr A Galasso SC
A: Self-represented SOLICITORS: 1R:Pike Pike & Fenwick, Sydney 2R: Clayton Utz, Sydney
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): L&E 40007/08
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