Cmunt v Vescio; Broder [2018] NSWCA 21

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cmunt v Vescio; Broder [2018] NSWCA 21 Hearing dates: 12 February 2018 Date of orders: 12 February 2018 Decision date: 12 February 2018 Before: Beazley P Decision: (1) The notice of motion for a stay is dismissed;

(2) Costs of the notice of motion to be costs in the appeal, save that the respondent Council is to bear the costs of the services of the interpreter on 29 January 2018;

(3) Council to make any application it considers appropriate in relation to the proper respondents to the appeal. Catchwords: CIVIL PROCEDURE – stay of orders of Land and Environment Court pending appeal – whether real prospects of success on appeal – whether appeal rendered nugatory without stay Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (rec apptd) (1985) 2 NSWLR 685 Category: Principal judgment Parties: Marie Cmunt (Appellant) Joseph Vescio (First Respondent) Michael Broder (Second Respondent) Representation: Counsel: In person (by telephone) (Appellant) N Hammond (Respondents)

Solicitors: Bradley Allen Love Lawyers (Respondents) File Number(s): 2017/292745 Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: Class 4 Citation: Snowy Monaro Regional Council v Cmunt [2017] NSWLEC 95 Date of Decision: 3 August 2017 Before: Preston CJ LEC File Number(s): 2016/284609