Baulkham Hills Shire Council v Stankovic & Anor [2009] NSWCA 281

New South Wales Court of Appeal

CITATION: Baulkham Hills Shire Council v Stankovic & Anor [2009] NSWCA 281 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 24 August 2009

JUDGMENT DATE: 10 September 2009

JUDGMENT OF: Beazley JA at 1

1. Confirm the orders made on 24 August 2009 as follows: (a) Vacate the hearing date set for Wednesday, 26 August 2009; DECISION: (b) The matter is stood over to the Registrar's list on 7 December 2009; (c) The parties have liberty to apply in respect of that date. 2. Order that the appellant pay the first respondent's costs thrown away by the adjournment; 3. Order that the appellant pay the first respondent's costs of the notice of motion dated 18 August 2009 including the first respondent's costs of the written submissions ordered by this Court on 24 August 2009.

CATCHWORDS: PROCEDURE – application to vacate the hearing date of the appeal – application granted – whether bankrupt respondent should bear own costs thrown away by the adjournment – whether bankrupt respondent has the right to appear on the appeal – answer dependent upon the subject matter of the appeal and the provisions of the Bankruptcy Act 1966 (Cth) - BANKRUPTCY – application to vacate the hearing date of the appeal – bankrupt respondent a party in the proceedings below – whether bankrupt respondent has an entitlement to appear on the hearing or can appear with the leave of the Court – answer dependent upon the subject matter of the appeal and the provisions of the Bankruptcy Act 1966 (Cth)

Bankruptcy Act 1966 (Cth), s 5, s 58, s 60(2), s 116 LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 76B, s 124 Uniform Civil Procedure Rules 2005, r 25.3