Horton v Palerang Council [2013] NSWLEC 102

Land and Environment Court New South Wales

Medium Neutral Citation: Horton v Palerang Council [2013] NSWLEC 102 Hearing dates: 10 July 2013 Decision date: 10 July 2013 Jurisdiction: Class 3 Before: Biscoe J Decision: Proceedings dismissed with costs. Catchwords: SUMMARY DISMISSAL - claim for review of all rates notices since 2004 and for exemplary damages against a council - whether proceedings should be dismissed on basis that no reasonable cause of action disclosed. Legislation Cited: Uniform Civil Procedure Rules 2005 r 13.4(1) Local Government Act 1993 ss 574(1)(a) and (b), 603 Cases Cited: Horton v Palerang Council [2012] NSWLEC 215 Horton v Palerang Council (No 2) [2012] NSWLEC 229 Category: Procedural and other rulings Parties: Derek Horton (Applicant) Palerang Council (Respondent) Representation: COUNSEL: D Horton in person (Applicant) D Currie (Respondent) SOLICITORS: N/A Forbes Dowlilng (Respondent) File Number(s): 30344/13

EX TEMPORE Judgment 1This is a notice of motion by the respondent Palerang Council seeking an order that the Application filed on 7 May 2013 by Mr Derek Horton be struck out and the proceedings dismissed pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (UCPR) on the basis that no reasonable cause of action is disclosed. Mr Horton is a self-represented litigant. 2Upon the motion being called on for hearing this morning Mr Horton applied for an adjournment in order to obtain legal representation or advice. He told me that (a) he had a solicitor who gave him some legal assistance in relation to his similar earlier proceedings that were struck out last year by Craig J; (b) he has had great difficulty over the years with solicitors; (c) he received the Council's notice of motion and supporting affidavit on 14 June 2013; (d) he had spoken since then with about six solicitors and had received an opinion from one of them that he did not stand a chance. The adjournment application is opposed. I decline to grant an adjournment. In my opinion, Mr Horton has had a reasonable opportunity to obtain legal advice or representation. It is now 10 July, he has had Council's notice of motion and supporting affidavit since 14 June and he has spoken to a number of solicitors and received advice. 3Rule 13.4 relevantly provides: 13.4 Frivolous and vexatious proceedings (1) If in any proceedings it appears to the court that in relation to the proceedings generally or in relation to any claim for relief in the proceedings: ... (b) no reasonable cause of action is disclosed, ... ... the court may order that the proceedings be dismissed generally or in relation to that claim. (2) The court may receive evidence on the hearing of an application for an order under subrule (1).