Luka v Lake Macquarie City Council [2001] NSWLEC 251

Land and Environment Court of New South Wales

CITATION : Luka v Lake Macquarie City Council [2001] NSWLEC 251 APPLICANT: Luka PARTIES : RESPONDENT: Lake Macquarie City Council FILE NUMBER(S) : 30121 of 1994 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Motion for dismissal for want of prosecution-scope of further hearing required on class 3 proceedings remitted from Court of Appeal Land and Environment Court Rules Part 12 Rule 2 LEGISLATION CITED: Land and Environment Court Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 CASES CITED: Brisbane City Council v The Valuer General (Queensland) (1978) 140 CLR 41; Valuer-General v Dobrel Pty Ltd (1993) 79 LGERA 334 DATES OF HEARING: 22 October 2001 DATE OF JUDGMENT: 10/31/2001

APPLICANT: Mr Dennis, Solicitor SOLICITORS Dennis and Co

LEGAL REPRESENTATIVES: RESPONDENT: Mr P Tomasetti, Barrister SOLICITORS Solicitor, Lake Macquarie Council

JUDGMENT:

IN THE LAND AND Matter No. 30121 of 1994 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 31 October 2001

SHANNON LUKA

Applicant

v

LAKE MACQUARIE CITY COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. By its Notice of Motion filed 26 September 2001, the Respondent (the Council) seeks an order that the proceedings be dismissed pursuant to Part 12 r 2 of the Rules of Court (dismissal or stay of proceedings for want of prosecution).