Carroll v Clarence Valley Shire Council (No 2) [2012] FCA 1259

FEDERAL COURT OF AUSTRALIA

Carroll v Clarence Valley Shire Council (No 2) [2012] FCA 1259 Citation: Carroll v Clarence Valley Shire Council (No 2) [2012] FCA 1259

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: 9 November 2012

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Part IVA Federal Court Rules 2011 Rule 26.12

Date of hearing: 9 November 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 8

For the plaintiffs: L Carroll

Counsel for the respondent: G Dilworth

Solicitor for the respondent: 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: 9 NOVEMBER 2012 WHERE MADE: SYDNEY

THE COURT:

1. RESCINDS orders 1 and 2 made on 7 September 2012. 2. DECLARES that the notice of discontinuance filed by the first applicant on 10 September 2012 be effective to discontinue the proceeding on behalf of all applicants. 3. ORDERS that the first applicant, Ms Carroll, pay the costs of the defendant/respondent, the Clarence Valley Shire Council, up to and including 10 September 2012. 4. ORDERS that the applicant on the notice of motion of 16 October 2012, Ms Carroll, pay the respondent's costs of that notice of motion. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011