Horton v Palerang Council (No 2) [2012] NSWLEC 229

Land and Environment Court New South Wales

Medium Neutral Citation: Horton v Palerang Council (No 2) [2012] NSWLEC 229 Hearing dates: 5 October 2012 Decision date: 05 October 2012 Jurisdiction: Class 3 Before: Craig J Decision: 1. Strike out the application filed on 8 May 2012 for want of jurisdiction. 2. The applicant must pay the respondent's costs. 3. Exhibits may be returned. Catchwords: PROCEDURE - Class 3 application - appeal pursuant to s 574 Local Government Act 1993 - basis for appeal not sufficiently made out - motion to strike out application - no jurisdiction - out of time - s 574(3) of the Local Government Act 1993 - proceedings struck out COSTS - self-represented litigant - several opportunities given to identify basis for exercise of jurisdiction - no rational basis demonstrated - fair and reasonable that applicant pay respondents costs Legislation Cited: Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Local Government Act 1993 Cases Cited: Kyogle Shire Council v Muli Muli Local Aboriginal Land Council [2005] NSWCA 4; (2005) 62 NSWLR 361 Category: Procedural and other rulings Parties: Derek Horton (Applicant) Palerang Council (Respondent) Representation: COUNSEL n/a (Applicant) Dr S M Berveling SOLICITORS Self represented (Applicant) Forbes Dowling Lawyers (Respondent) File Number(s): 30532 of 2012