Stankovic v The Hills Shire Council and Namul Pty Ltd [2017] NSWCA 49

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stankovic v The Hills Shire Council and Namul Pty Ltd [2017] NSWCA 49 Hearing dates: 16 March 2017 Decision date: 16 March 2017 Before: Payne JA; White JA Decision: Dismiss the summons seeking leave to appeal filed on 2 December 2016 with costs. Catchwords: PROCEDURE – application for leave to appeal – application to join appeal proceedings in the Land and Environment Court refused – whether leave to appeal that decision should be granted – applicant claimed that he was the lawful owner of the land the subject of the proceedings in the Land and Environment Court – issues raised by applicant finally determined in earlier proceedings – no question of principle – leave refused Legislation Cited: Baulkham Hills Shire Local Environment Plan 1991 (NSW) Land and Environment Court Act 1979 (NSW), s 39A Cases Cited: Namul Pty Ltd v Milovan Stankovic [2013] NSWSC 115 Namul v The Hills Shire Council [2016] NSWLEC 1629 Stankovic v Namul Pty Limited [2013] NSWCA 276 The Age Company Ltd v Liu [2013] NSWCA 26 Category: Principal judgment Parties: Mr Milovan Stankovic (The Applicant)

The Hills Shire Council (First Respondent) Namul Pty Ltd (Second Respondent) Representation: Counsel: Mr Milovan Stankovic (Applicant in person) Mr A Hudson (First respondent) Mr M J Astill (Second respondent)

Solicitors: Wilshire Webb Staunton Beattie (First Respondent) Addisons Lawyers (Second Respondent) File Number(s): 2016/362089 Publication restriction: Nil Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: New South Wales Citation: [2016] NSWLEC 152 Date of Decision: 17 November 2016 Before: Moore J File Number(s): 2016/00197481