Waverley Council v Bobolas [2013] NSWLEC 119

Land and Environment Court New South Wales

Medium Neutral Citation: Waverley Council v Bobolas [2013] NSWLEC 119 Hearing dates: 26 July 2013 Decision date: 26 July 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Order declaring that the originating process has not been served on the second and third respondents. (2) Order that the applicant pay the filing fee of the second and third respondents' notice of motion filed on 12 July 2013 when those respondents become liable to pay that filing fee. (3) Stand over the proceedings to Friday 9 August 2013 before Biscoe J. Catchwords: PRACTICE AND PROCEDURE - service of originating process - respondents receive by mail from applicant copies of affidavits of service of summons on them but contend copy summons not enclosed and seek order declaring that they have not been served - applicant seeks orders for substituted service and extension of time for service, and resiles from affidavits of service. Legislation Cited: Local Government Act 1993 s 124 Uniform Civil Procedure Rules 2005 rr 10.6, 10.20(2), 12.11 Cases Cited: Armidale Dumaresq Council v Vorhauer [2012] NSWLEC 154 Category: Procedural and other rulings Parties: Waverley Council (Applicant) Mary Bobolas (First Respondent) Elena Bobolas (Second Respondent) Liana Bobolas (Third Respondent) Representation: COUNSEL: K Webber, solicitor (Applicant) Elena Bobolas and Liana Bobolas in person (Respondents) SOLICITORS: Wilshire Webb Staunton Beattie (Applicant) N/A (Respondents) File Number(s): 40466/13