Waverley Council v Bobolas [2015] NSWLEC 57

Land and Environment Court New South Wales

Medium Neutral Citation: Waverley Council v Bobolas [2015] NSWLEC 57 Hearing dates: 20 March 2015 Decision date: 20 March 2015 Jurisdiction: Class 4 Before: Pain J Decision: 1. The Respondents' amended Notice of Motion filed 6 February 2015 is dismissed. 2. The Applicant is to file and serve affidavits in chief including any expert evidence by an arborist and engineer by 27 March 2015. 3. The Respondents are to file and serve their points of defence, any cross-claim and any affidavits in chief by 16 April 2015. 4. The Applicant is to file any affidavits in reply by 20 April 2015. 5. The Applicant is to serve all documents required be served on the Respondents in these proceedings other than documents that are required to be personally served by posting them in a prepaid envelope to each Respondent, at the address 19 Boonara Avenue, Bondi NSW 2026. 6. The Applicant is to notify the Respondents of the timetable change and the hearing date in accordance with Order 5. 7. Costs reserved. Catchwords: PROCEDURE – ex parte hearing – whether personal service of originating process effected Legislation Cited: Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 r 10.20(2)(a) Category: Procedural and other rulings Parties: Waverley Council (Applicant) Mary Bobolas (First Respondent) Elena Bobolas (Second Respondent) Liana Bobolas (Third Respondent) Representation: Counsel: Mr M Staunton with Ms J Reid (Applicant) No appearance (Respondents)