Michelsen v Gosford City Council [2002] NSWLEC 249

Land and Environment Court of New South Wales

CITATION : Michelsen v Gosford City Council [2002] NSWLEC 249 APPLICANT: Michelsen PARTIES : RESPONDENT: Gosford City Council FILE NUMBER(S) : (4)0483 of 2002 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- strike out Motion for class 4 proceedings for failure to comply with directions. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 20/12/2002 EX TEMPORE JUDGMENT DATE : 12/20/2002

APPLICANT: N/A SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr J Thompson, Barrister SOLICITORS P Donnellan and Co

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . (4)0483 of 2002 Coram : Bignold J 20 December 2002

A. F. MICHELSEN

Applicant

v

GOSFORD CITY COUNCIL

JUDGMENT

1. This is an application by Notice of Motion filed 24 October 2002 to strike out a class 4 proceedings, which were commenced in the Court on 9 August 2002.

2. The application has been before the Court on a number of occasions, and directions were given by consent by the Registrar on 1 November on the callover of the Council's strike-out Motion requiring the Applicant to file an amended application within 21 days, and to join other persons as defendants. That direction has not been complied with, and when the matter came before me for hearing, as fixed on 6 December 2002, the Applicant did not attend, but Mr Thompson, on behalf of the Council mentioned it on the Applicant's behalf.