Jeray v Blue Mountains City Council [2011] NSWLEC 135

Land and Environment Court New South Wales

Medium Neutral Citation: Jeray v Blue Mountains City Council [2011] NSWLEC 135 Hearing dates: 27 May 2011, 1 July 2011, 1 August 2011 Decision date: 09 August 2011 Jurisdiction: Class 4 Before: Craig J Decision: 1. The applicant's Amended Notice of Motion dated 1 July 2011 is dismissed. 2. Costs reserved. 3. Case management of the proceedings is stood over to a date to be agreed among the parties or otherwise determined by the Court and to be fixed immediately following delivery of this judgment. 4. Exhibits may be returned. Catchwords: PROCEDURE - notice of motion for discovery as well as declaratory and prohibitory relief - Uniform Civil Procedure Rules (UCPR) 21.1 and 21.2 - documents relevant to facts asserted to support declaratory and prohibitory orders sought in notice of motion - documents not relevant to facts in issue in the substantive proceedings - orders sought by motion do not advance claims made in the substantive proceedings - UCPR 18.1 - inappropriate for declaratory orders or final prohibitory orders - necessity for orders sought to engage the jurisdiction of the Court - making of orders not consistent with Div 1 of Pt 6 of the Civil Procedure Act 2005 - motion dismissed. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Local Government Act 1993 Uniform Civil Procedure Rules 21.1, 21.2 Cases Cited: Aon Risk Services Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367 Jeray v Blue Mountains City Council [2011] NSWLEC 28 Jeray v Blue Mountains City Council (No 9) [2011] NSWLEC 123 Johnston v Australia and New Zealand Banking Group Ltd; Johnston v Richardson [2003] NSWSC 454 Logue v Shoalhaven Shire Council [1979] 1 NSWLR 537 Mulley & Marney v Manifold [1959] HCA 23; (1959) 103 CLR 341 Re Jay-O-Bees; Rosseau Pty Ltd (in liq) v Jay-O-Bees Pty Ltd (in liq) [2004] NSWSC 818; (2004) 50 ACSR 565 Scott v Handley [1999] FCA 404 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Category: Interlocutory applications Parties: Ivan Jeray (Applicant) Blue Mountains City Council (First Respondent) Mr John Egan (Second Respondent) Mr Greg Egan (Third Respondent) Representation: Applicant in person Mr I J Hemmings (First Respondent) Mr P Clay (Second and Third Respondents) Self-represented (Applicant) Marsdens Law Group (First Respondent) Crennan Legal Pty Ltd (Second and Third Respondents) File Number(s): 40986 of 2008