Tongue v Council of the City of Tamworth [2004] FCA 1472

FEDERAL COURT OF AUSTRALIA

Tongue v Council of the City of Tamworth [2004] FCA 1472 TERENCE RODNEY TONGUE v COUNCIL OF THE CITY OF TAMWORTH NG 425 OF 1998 JACOBSON J 12 NOVEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 425 OF 1998

BETWEEN: TERENCE RODNEY TONGUE

APPLICANT

AND: THE COUNCIL OF CITY OF TAMWORTH

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 12 NOVEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The form and content of the notice to group members regarding the application of withdrawal, produced pursuant to section 33X of the Federal Court of Australia Act 1976 (Cth) ("the Act") and despatched on 20 October 2004, is approved with effect from 20 October 2004, pursuant to section 33Y(2) of the Act.

2. The application of the objectors for an adjournment, filed by notice of motion on 8 November 2004, is granted.

3. The hearing of the application for withdrawal is adjourned to 15 December 2004 at 10.15am.

4. The applicant to file and serve written submission by 3 December 2004, outlining, inter alia, the basis upon which the order stated in the notice of motion filed on 14 September 2004, is sought. That is, in particular, whether the applicant relies on section 33V or 33W or another relevant section or rule.

5. The objectors are to file and serve written submissions by 8 December 2004.

6. The respondents are to file written submissions on these questions and on their position with respect to the application by 13 December 2004.

7. Filing of any motion for substitution of a group representative, and any affidavits in support to be filed by 8 December 2004.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.