Horton v Palerang Council [2012] NSWLEC 215

Land and Environment Court New South Wales

Medium Neutral Citation: Horton v Palerang Council [2012] NSWLEC 215 Hearing dates: 14 September 2012 Decision date: 14 September 2012 Jurisdiction: Class 3 Before: Craig J Decision: 1. Stand over the respondent's notice of motion to Friday 5 October 2012 for hearing. 2. Direct that by 4.00pm on Thursday 27 September 2012 the applicant serve upon the solicitors for the respondent a document identifying the particular statutory or regulatory provisions upon which he relies to assert that the Court has jurisdiction to entertain the claim identified in the statement of facts and contentions filed by him on 5 September 2012. 3. Direct that by 4.00pm today (14 September 2012) the solicitors acting for the Council forward by email to dhorton@activ8.net.au a letter notifying the basis upon which the Council claims that the appeal filed by the applicant pursuant to s 574 of the Local Government Act 1993 is time barred. 4. The applicant must pay the respondent's costs of today. Catchwords: INTERLOCUTORY APPLICATION - motion to strike out proceedings - litigant in person - basis for exercise of jurisdiction not apparent - application for adjournment - applicant to seek legal advice - adjournment granted Legislation Cited: Local Government Act 1993 Local Government (General) Regulation 2005 Category: Interlocutory applications Parties: Derek Horton (Applicant) Palerang Council (Respondent) Representation: COUNSEL n/a (Applicant) Dr S Berveling (Respondent) SOLICITORS Self represented Forbes Dowling Lawyers (Respondent) File Number(s): 30532 of 2012