Jeray v Blue Mountains City Council (No.9) [2011] NSWLEC 123

Land and Environment Court New South Wales

Medium Neutral Citation: Jeray v Blue Mountains City Council (No.9) [2011] NSWLEC 123 Hearing dates: 11, 12 and 13 July 2011 Decision date: 14 July 2011 Before: Sheahan J Decision: (1) The Hearing dates 11 to 15 July 2011 (incl) for matter 40517 of 2010 are vacated. (2) Prayers 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18 and 19 of the Applicant's Amended Notice of Motion filed 11 July 2011 are refused. (3) The Court notes the Respondent's undertaking to the Court in response to Prayer 20 of the Amended Notice of Motion. (4) The substantive proceedings are stood over to the List Judge's list on Friday 9 September 2011 for the setting of new hearing dates. (5) All questions of costs in the substantive proceedings and on the Amended Notice of Motion, other than those the subject to orders already made, are reserved. (6) The Amended Notice of Motion dated 11 July 2011 is otherwise dismissed. (7) All Exhibits are returned. The Court makes the following directions: (A) The Applicant is to file and serve all evidence upon which he intends to rely in the substantive proceedings by Friday 12 August 2011 . (B) The Respondent is to file and serve all evidence upon which it intends to rely in the substantive proceedings by Friday 26 August 2011. (C) The Applicant is to file and serve all his evidence in reply to the Respondent's evidence by Thursday 8 September 2011 . Catchwords: INTERLOCUTORY RELIEF: declarations, orders for discovery, vacation of hearing dates, power or lack of power to make some orders sought, expeditious resolution of proceedings, model litigant principles, obedience to directions. Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Act 1979 Local Government Act 1993 State Records Act 1998 Uniform Civil Procedure Rules 2005 Cases Cited: Alister v R (1983) 154 CLR 404 Commonwealth v Northern Lands Council [1993] HCA 1; (1993) 176 CLR 604 Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 4) [2011] NSWLEC 6 Hughes Aircraft Systems International v Airservices Australia (1997) 146 ALR 1 Jeray v Blue Mountains City Council [2010] NSWLEC 139 Jeray v Blue Mountains City Council [2010] NSWLEC 123 Jeray v Blue Mountains City Council (No 3) [2010] NSWLEC 187 Jeray v Blue Mountains City Council [2010] NSWLEC 261 Jeray v Blue Mountains City Council [2010] NSWLEC 229 Jeray v Blue Mountains City Council [2011] NSWLEC 28 Jeray v Blue Mountains City Council [2011] NSWLEC 54 Jeray v Blue Mountains City Council [2011] NSWLEC 113 Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367 The Law Society of New South Wales v Holt [2005] NSWSC 152 McGovern v Ku-ring-gai Council [2008] NSWCA 209; (2008) 72 NSWLR 504 Melbourne Steam Ship Co Ltd v Moorehead [1912] HCA 69; (1912) 15 CLR 333 Mulley & Marney v Manifold (1959) 103 CLR 341 Re Nestle Australia Limited v The Commissioner of Taxation of the Commonwealth of Australia [1986] FCA 26 Scott v Handley [1999] FCA 404; (1999) 58 ALD 373 WA Pines Pty Ltd v Bannerman (1980) 30 ALR 559 Category: Procedural and other rulings Parties: Ivan Jeray (Applicant) Blue Mountains City Council (Respondent) Representation: Mr I Jeray - in person (Applicant) Mr I Hemmings, Barrister Marsdens Law Group (Respondent) File Number(s): 40517 of 2010