Teoh v Hunters Hill Council (No 7) [2012] NSWCA 356

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Teoh v Hunters Hill Council (No 7) [2012] NSWCA 356 Hearing dates: On the papers Decision date: 02 November 2012 Before: Allsop P at [1] Beazley JA at [1] Meagher JA at [1] Decision: 1.The notice of motion filed 12 October 2012 be dismissed. 2.Should the applicant seek to file any further application against Hunters Hill Council in respect of the matters litigated in the Land and Environment Court or the Court of Appeal the applicant must at the same time file a document of no more than five pages showing cause why this Court should not in chambers summarily dismiss the application as vexatious and an abuse of process. [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 to vary or set aside judgment - functus officio - no question of principle Legislation Cited: Supreme Court Act 1970 (NSW), s 46(4) Uniform Civil Procedure Rules 2005 (NSW), r 36.3, r 36.16 Vexatious Proceedings Act 2008 (NSW), s 8 Cases Cited: Teoh v Hunters Hill Council (No 2) [2010] NSWCA 321 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 (No 6) [2012] NSWCA 260 Category: Principal judgment Parties: Elaine Teoh (Applicant) Hunters Hill Council (First Respondent) Ross Ernest Williams (Second Respondent) Representation: In person (Applicant) HWL Ebsworth (First Respondent) Ronald S Czinner & Co (Second Respondent) File Number(s): 2009/298486 Decision under appeal Citation: [2009] NSWLEC 121 Date of Decision: 2009-07-31 00:00:00 Before: Sheahan J File Number(s): 2008/40246