Carroll v Clarence Valley Shire Council [2012] FCA 1143

FEDERAL COURT OF AUSTRALIA

Carroll v Clarence Valley Shire Council [2012] FCA 1143 Citation: Carroll v Clarence Valley Shire Council [2012] FCA 1143

Parties: LORRAINE CARROLL, D WERNER, B PAINE, A PAINE, C PAINE, H PAINE, J DUFFICY, N DUFFICY, S EVERSON and SJ EVERSON v CLARENCE VALLEY SHIRE COUNCIL

File number: NSD 1102 of 2012

Judge: EMMETT J

Date of judgment: 7 September 2012

Legislation: Constitution s 109 Corporations Act 2001 (Cth) s 57A Local Government Act 1993 (NSW) s 220(2) Real Property Act 1900 (Cth) Roads Act 1993 (NSW)

Date of hearing: 7 September 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 10

For the plaintiffs: L Carroll

Counsel for the defendant: G Dilworth

Solicitor for the defendant: Burridge, Harris & Flynn

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1102 of 2012

BETWEEN: LORRAINE CARROLL

Plaintiff

AND: CLARENCE VALLEY SHIRE COUNCIL

Defendant

JUDGE: EMMETT J DATE OF ORDER: 7 SEPTEMBER 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding be dismissed. 2. The plaintiffs pay the defendant's costs. 3. Orders 1 and 2 be stayed until 9 November 2012. 4. The matter be listed for further directions at 9:30am on Friday, 9 November 2012. 5. The defendant file and serve its submissions as to whether the defendant is a corporation no later than 28 September 2012. 6. The plaintiffs file and serve any submissions in response no later than 19 October 2012. 7. The defendant file any submissions in reply no later than 2 November 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011