Teoh v Hunters Hill Council (No 6) [2012] NSWCA 260

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Teoh v Hunters Hill Council (No 6) [2012] NSWCA 260 Hearing dates: On the papers Decision date: 23 August 2012 Before: Allsop P; Beazley JA; Meagher JA Decision: 1. Notice of motion filed 26 April 2012 dismissed; 2. Should the applicant file any further notice of motion in this matter pursuant to UCPR, r 36.16, the applicant must at the same time file a document, comprising no more than five pages, showing cause why this Court should not, in Chambers, summarily dismiss the notice of motion as vexatious and an abuse of process; 3. No other document is to be filed in support of the notice of motion. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - Application for leave to reopen proceedings - Applicant re-agitating same issue dealt with in previous applications before Court - No fresh argument - No new circumstances justifying reopening initial decision refusing leave to appeal - Vexatious and abuse of process - Application dismissed - Uniform Civil Procedure Rules 2005 (UCPR), r 36.16

PRACTICE AND PROCEDURE - Application for stay of costs orders - Dependent upon outcome of application pursuant to UCPR, r 36.16 - Application fails Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: House v R [1936] HCA 40; 55 CLR 499 Teoh v Hunters Hill Council (No 3) [2009] NSWLEC 121, 167 LGERA 432 Teoh v Hunters Hill Council (No 4) [2011] NSWCA 324 Teoh v Hunters Hill Council (No 5) [2012] NSWCA 75 Teoh v Hunters Hill Council [2008] NSWLEC 263 Category: Principal judgment Parties: Elaine Teoh (Applicant) Hunters Hill Council (First Respondent) Ross Ernest Williams (Second Respondent) Representation: Solicitors: In person (Applicant) HWL Ebsworth Lawyers (First Respondent) Ronald S Czinner & Co (Second Respondent) File Number(s): 2009/298486 Publication restriction: No Decision under appeal Citation: Teoh v Hunters Hill Council and Another (No. 3) [2009] NSWLEC 121 Date of Decision: 2009-07-31 00:00:00 Before: Sheahan J File Number(s): 40246/2008