NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Mid-Coast Council v Gazecki [2024] NSWLEC 88 Hearing dates: 13, 16, 19 August 2024 Date of orders: 20 August 2024 Decision date: 20 August 2024 Jurisdiction: Class 4 Before: Pain J Decision: The Court orders that: (1) The Respondents' amended notice of motion filed on 16 August 2024 is dismissed. (2) Costs reserved. Catchwords: PROCEDURE – whether court should release respondents from an undertaking and accept new undertaking which is not agreed by applicant local council Legislation Cited: Nil Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39 Australian Competition and Consumer Commission v Auspine Ltd (2006) 235 ALR 95; [2006] FCA 1215 Cutler v Wandsworth Stadium Ltd [1945] 1 AII ER 103 Fylas Pty Ltd v Vynal Pty Ltd [1992] 2 Qd R 593 Paino v Hofbauer (1988) 13 NSWLR 193 Starcevich v Swart and Associates Pty Ltd [2006] NSWSC 1387 Texts Cited: Nil Category: Procedural rulings Parties: Mid-Coast Council (Applicant) John Janek Christopher Gazecki (First Respondent) Natalie Marie Decorte (Second Respondent) Representation: Counsel: A Jucha (Applicant) J Gazecki (Litigant in person, First Respondent) N Decorte (Litigant in person, Second Respondent)
Solicitors: Local Government Legal (Applicant) N/A (Respondents) File Number(s): 2024/00061055-002
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