Jali Local Aboriginal Land Council v Lois Cook [2018] NSWSC 950

Supreme Court New South Wales

Medium Neutral Citation: Jali Local Aboriginal Land Council v Lois Cook [2018] NSWSC 950 Hearing dates: 15 June 2018 Decision date: 22 June 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) The writ of possession to be executed on 26 June 2018 is stayed for a period of one week from that date until 3 July 2018.

(2) The defendant is to pay the plaintiff's costs of the motion.

(3) The motion is otherwise dismissed. Catchwords: CIVIL PROCEDURE – Application for stay of proceedings – Where plaintiff obtained default judgment for possession of land and subsequently obtained a writ of possession to be executed on 26 June 2018 – Whether stay of proceedings is in the interests of justice – Whether default judgment could be set aside - Whether legitimate explanation for the defendant's failure to comply with procedural requirements – Whether defendant has a viable defence Legislation Cited: Aboriginal Land Rights Act 1983 (NSW), ss 3, 36, 42D 42E, 42G, 51, 52, 52AA, 53, 176 Ballina Local Environmental Plan 1987, cll 6, 24 Civil Procedure Act 2005 (NSW), ss 98, 135 Environmental Planning and Assessment Act 1979 (NSW), ss 76A, 121B Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds, and Movable Dwellings) Regulation 2005 (NSW), reg 77 Native Title Act 1993 (Cth) Protection of the Environment Operations Act 1997 (NSW), s 120 Uniform Civil Procedure Rules 2005 (NSW), rr 7.36, 42.1 Cases Cited: In the matter of Webuildem Pty Limited and in the matter of Maroun Investments Pty Limited [2012] NSWSC 708 McKane v Commissioner of Corrective Services New South Wales [2016] NSWSC 1497 Category: Principal judgment Parties: Jali Local Aboriginal Land Council (Plaintiff) Lois Cook (Defendant) Representation: Counsel: L Teoh (Plaintiff) Defendant (self-represented)