Tongue v Council of the City of Tamworth [2002] FCA 1163

FEDERAL COURT OF AUSTRALIA

Tongue v Council of the City of Tamworth [2002] FCA 1163 TERENCE RODNEY TONGUE v COUNCIL OF THE CITY OF TAMWORTH NG 425 OF 1998 ALLSOP J 17 SEPTEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 425 of 1998

BETWEEN: TERENCE RODNEY TONGUE

APPLICANT

AND: COUNCIL OF THE CITY OF TAMWORTH

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 17 SEPTEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to file in Court the affidavit of Bruce Stephen Woolf sworn 17 September 2002. 2. The solicitors for the applicant make available to the solicitors acting for Simon Kelleher and other persons identified in pars 1 and 16 of the affidavit of Bruce Stephen Woolf sworn and filed 17 September 2002 (the affidavit), on appointment, the affidavits, exhibits and discovery documents in the proceedings for the purpose of the preparation of an advice by Mr Robertson SC, and that should the parties not be able to make reasonable arrangements for the cost of the photocopying of those documents, leave be granted to re-list the matter to determine that question. 3. Leave be granted to counsel and solicitors acting for Simon Kelleher and other persons referred to in pars 1 and 16 of the affidavit to approach the Judge's associate to arrange inspection of the Court file. 4. Any member of the class who opposes the settlement inform the solicitors on the record for the applicant (Long Howland Houston), in writing, on or before 2 October 2002, of any opposition to the proposed settlement and if there be a basis for it, the basis for that opposition. 5. Any member of the class who considers that he, she or it may wish to oppose the settlement but wishes to obtain independent legal advice before reaching a view about opposition to the proposed settlement, inform the solicitors on the record for the applicant, in writing, on or before 2 October 2002. 6. On or before 9 October 2002, the solicitors on the record for the applicant are to file and serve an affidavit deposing to the despatch of these orders to all members of the class, exhibiting the originals of the communications referred to in orders 4 and 5, received prior to the swearing of the affidavit. 7. There be liberty to all parties by their counsel to approach Allsop J in chambers in the week commencing 4 November 2002 or so shortly thereafter as is convenient, to indicate any agreed view as to the future conduct of the matter including the fixing of a date for hearing. 8. The matter be stood over to a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.