Waverley Council v Bobolas (No 4)

Land and Environment Court New South Wales Medium Neutral Citation: Waverley Council v Bobolas (No 4) [2015] NSWLEC 150 Hearing dates:26 August 2015Date of orders: 26 August 2015 Decision date: 26 August 2015 Jurisdiction:Class 4Before: Pain J Decision: (1)   The notice of motion filed by the Respondents on 24 June 2015 is dismissed. (2)   The Respondents are to pay the Council’s costs of this motion. Catchwords: Practice and procedure – Council’s notice of motion to dismiss respondents’ notice of motion seeking to re-litigate issues already determined granted – abuse of process established – orders not made irregularly, illegally or against good faith Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category:Procedural and other rulingsParties: Waverley Council (Applicant) Mary Bobolas (First Respondent) Elena Bobolas (Second Respondent) Liana Bobolas (Third Respondent) Representation: Counsel: Mr P Clay SC with Ms J Reid (Applicant) No appearance (Respondents)   Solicitors: Wilshire Webb Staunton Beattie (Applicant) Litigants in person (Respondents) File Number(s):41027 of 2014EX TEMPORE Judgment I have before me a notice of motion filed by Waverley Council (the Council), the Applicant, in these proceedings. I resolved earlier today to hear this motion ex parte. The motion was filed on 29 July 2015 and seeks an order pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) that the motion filed by the three Respondents on 24 June 2015 be dismissed. The Council’s motion was supported by an affidavit of Mr Webber, solicitor, sworn 29 July 2015. Another affidavit also read in support by...