Stankovic v The Hills Shire Council [2015] NSWCA 279

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stankovic v The Hills Shire Council [2015] NSWCA 279 Hearing dates: 9 September 2015 Decision date: 09 September 2015 Before: Basten JA; Ward JA Decision: (1) Dismiss the summons seeking leave to appeal filed on 5 June 2015.

(2) Order that the applicant pay the respondent's costs of the application. Catchwords: PRACTICE and PROCEDURE – application for leave to appeal – extension of time – application 10 years out of time – challenge to costs order – proceedings earlier dismissed but reinstated – ground of proposed appeal unarguable – absence of justification for delay Legislation Cited: Land and Environment Court Act 1979 (NSW), s 5 Land and Environment Court Rules 1996 (NSW), Pt 13 r 29; Pt 15 rr 3, 9 Cases Cited: Cameron v Cole (1944) 68 CLR 571 Category: Principal judgment Parties: Milovan Stankovic (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr B Levet (Applicant) Ms S Clemmett (Respondent)

Solicitors: Applicant self-represented Hall & Wilcox Lawyers (Respondent) File Number(s): 2015/167330 Decision under appeal Court or tribunal: Land and Environment Court Date of Decision: 14 March 2005 Before: Pain J File Number(s): 2004/41243

[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.]