Waverley Council v Mary Bobolas [2017] NSWLEC 112

Land and Environment Court New South Wales

Medium Neutral Citation: Waverley Council v Mary Bobolas [2017] NSWLEC 112 Hearing dates: 24 and 25 August 2017 Date of orders: 25 August 2017 Decision date: 25 August 2017 Jurisdiction: Class 4 Before: Moore J Decision: See [27] Catchwords: AMENDED NOTICE OF MOTION – Council files Notice of Motion charging each Respondent with contempt of court – first return date in February 2017 – subsequent mentions – on 7 April, timetable set for Respondents to file and serve Notice of Motion challenging service – no Notice of Motion by the Respondents was filed and served – on 7 April, the Council's Notice of Motion was set down for further hearing on 23 June – on 26 May, a further opportunity was afforded to the Respondents by setting a new timetable set for Respondents to file and serve Notice of Motion challenging service – on 26 May, the listed date of 23 June was confirmed – no Notice of Motion by the Respondents was filed and served pursuant to new timetable – on 23 June, none the Respondents attended the Court – a faxed application for an adjournment was rejected – by leave, the Council's Notice of Motion was amended to name each Respondent individually and the Council's Notice of Motion set down for hearing on 24, 25 and 28 August – on 24 August, the Respondents raised objection to Amended Notice of Motion – hearing on the objection on 24 and 25 August – objection rejected Legislation Cited: Civil Procedure Act 2005, s 64(1)(b) and (3) Uniform Civil Procedure Rules 2005, Pt 7 r 33 Category: Procedural and other rulings Parties: Waverley Council (Applicant) Mary Bobolas (First Respondent) Elena Bobolas (Second Respondent) Liana Bobolas (Third Respondent) Representation: Counsel: Mr P Clay SC/Ms J Reid, barrister (Applicant) Mary Bobolas (First Respondent) Elena Bobolas (Second Respondent) Liana Bobolas (Third Respondent)