Randwick City Council v Athens and Anor (No. 2) [2004] NSWLEC 48

Land and Environment Court of New South Wales

CITATION : Randwick City Council v Athens and Anor (No. 2) [2004] NSWLEC 48 APPLICANT Randwick City Council

PARTIES : FIRST RESPONDENT Peta Athens

SECOND RESPONDENT Athens Holdings Pty Limited (ACN 001 166 552) FILE NUMBER(S) : 40097 of 2000 CORAM: Cowdroy J KEY ISSUES: Contempt :- service of affidavits beyond date fixed by Court direction - whether affidavits should be admitted as evidence. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 28/01/2004 EX TEMPORE 01/28/2004 JUDGMENT DATE :

APPLICANT Mr A. Thompson (Barrister)

SOLICITORS Bowen & Gerathy LEGAL REPRESENTATIVES: RESPONDENT Mr M. Ramage QC

SOLICITORS Levitt Robinson Solicitors and Associates

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40097 of 2000

Cowdroy J

28 January 2004 Randwick City Council Applicant v Peta Athens First Respondent Athens Holding Pty Limited (ACN 001 166 552) Second Respondent Judgment [No. 2 Interlocutory]

Introduction 1 Objection has been taken by the contemnors to two affidavits of Ajoy Ghosh, the first sworn 7 January 2004, the second sworn 22 January 2004. The objection is made upon the ground that a direction was made that the prosecutor file and serve any additional affidavits in this proceedings by 21 November 2003.