Jeray v Blue Mountains City Council [2012] NSWCA 339

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jeray v Blue Mountains City Council [2012] NSWCA 339 Hearing dates: 15 June and 11 October 2012 Decision date: 11 October 2012 Before: Allsop P at [1], [43] Macfarlan JA at [42] Decision: As to the summons dated 15 February 2012 and filed 16 February 2012: 1. Extend time for the filing and service of the summons to a date conformable with compliance with the Rules. 2. Application for leave to appeal dismissed. 3. Summons dismissed. 4. Applicant pay the costs of the respondents. As to the summons dated 9 July 2012 in respect of the decision of the Land and Environment Court of 23 November 2011: 1. Application for an extension of time in which to file and serve the summons for leave to appeal refused. 2. Summons otherwise dismissed with costs. As to the summons dated 9 July 2012 in respect of the decision of the Land and Environment Court dated 30 November 2011: 1. Application for an extension of time in which to file and serve the summons for leave to appeal refused. 2. Summons otherwise dismissed with costs. [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 extension of time for leave to appeal - no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60 Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(1) and 36.16(2)(b) Cases Cited: Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367 Category: Principal judgment Parties: Ivan Jeray (Applicant) Blue Mountains City Council (First Respondent) Greg Egan (Second Respondent) John Egan (Third Respondent) Representation: In person (Applicant) I J Hemmings (First Respondent) P R Clay SC (Second and Third Respondents) In person (Applicant) Marsdens Law Group (First Respondent) Crennan Legal (Second and Third Respondents) File Number(s): 2012/53739 2012/191516 2012/225118 Decision under appeal Citation: [2011] NSWLEC 218 [2011] NSWLEC 228 Before: Moore AJ File Number(s): 2008/40986 2010/40517