Jeray v Blue Mountains City Council [2012] NSWCA 339

Procedural Posture

Applications for Extension of Time and Leave to Appeal / Court of Appeal Applications From Decisions of the Land and Environment Court

Legal Issues

1. 1 ['Whether time should be extended and leave granted in respect of the orders made on 16 November 2011.' 'Whether time should be extended for leave to appeal from the Land and Environment Court orders made on 23 November 2011.' 'Whether time should be extended for leave to appeal from the Land and Environment Court orders made on 30 November 2011.' "Whether the primary judge denied procedural fairness by making procedural orders and dismissal orders in the applicant's absence." "Whether the primary judge had power to treat the applicant's letter and medical certificate as an application to vacate hearing dates and to make orders in the 2010 proceedings." "Whether the applicant's redacted medical certificate provided an adequate basis to vacate lengthy hearing dates." 'Whether the conduct of the proceedings gave rise to a reasonable apprehension of bias.']

Ratio Decidendi

The applications had no reasonable prospects of success because the primary judge acted appropriately in treating the applicant's correspondence as an application to vacate the hearing dates, gave the applicant adequate notice and opportunities to support or renew that application, and made procedural and dismissal orders in circumstances requiring expedition after the applicant repeatedly failed to attend. The redacted medical certificate was inadequate to justify vacating lengthy hearing dates, the applicant was informed of the consequences of non-attendance and of available set-aside procedures, and no denial of procedural fairness, operative error, want of power, or apprehended bias...

Court Disposition

Time was extended for the filing and service of the summons dated 15 February 2012, but leave to appeal was dismissed and that summons was dismissed with costs. The applications for extension of time for the summonses dated 9 July 2012 concerning the Land and Environment Court decisions of 23 November 2011 and 30...

Orders

• ['As to the summons dated 15 February 2012 and filed 16 February 2012: extend time for the filing and service of the summons to a date conformable with compliance with the Rules.' 'Application for leave to appeal dismissed.' 'Summons dismissed.' 'Applicant pay the costs of the respondents.' 'As to the summons dated...