STATEWIDE ROADS v HOLROYD CITY COUNCIL [1996] NSWCA 501

STATEWIDE ROADS v HOLROYD CITY COUNCIL

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA

1 July 1996

[1996] NSWCA 501

Priestley JA. The Council seeks a Suitors Fund Certificate. I indicated in discussion with Mr O'Rourke that I thought it preferable that the application be decided by the Bench that decided the appeal. With that in mind, and in the hope of saving the time of the court and avoiding unnecessary expense, I make the following directions:

qd)

(2) (3)

(4) (5)

(6)

That the respondent council file with the associate to Mr Justice Clarke by 4pm Friday 5 July 1996 three sets of written submissions supporting the application for a Suitors Fund certificate.

The respondent council serve upon the appellant's solicitors and the Crown solicitor by 4pm Tuesday 2 July 1996, a notice of these orders. That should either the appellant or the Crown solicitor wish to make any submission in opposition to the respondent's application, such submission should be lodged in writing with the associate to Mr Justice Clarke by 4pm on Friday 12 July 1996.

Any reply by the respondent council to be lodged in writing with the associate to Mr Justice Clarke by 4pm Wednesday 17 July 1996.

Any further directions or decisions in this application to be made by a court consisting of Mr Justice Clarke, Mr Justice Powell and Mr JusticeCole, or such other court as Mr Justice Clarke may direct, with a view to the court's decision being made without oral argument, unless the court, after today, decides oral argument is expedient.

Costs of today to be costs in the application.

Orders accordingly.