Grimsey, D v Liverpool City Council [2003] NSWLEC 448

> Land and Environment Court of New South Wales

CITATION : Grimsey, D v Liverpool City Council [2003] NSWLEC 448 APPLICANT: Grimsey, D PARTIES : RESPONDENT: Liverpool City Council FILE NUMBER(S) : 40510 of 2003 CORAM: Bignold J KEY ISSUES: Costs :- Dismissal of proceedings for want of prosecution LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules CASES CITED: DATES OF HEARING: 03/09/2003 EX TEMPORE JUDGMENT DATE : 09/03/2003

APPLICANT: N/A

SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr D R Baird, Solicitor

SOLICITORS Marsdens

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

3 September 2003

40510 of 2003 DAVID GRIMSEY v LIVERPOOL CITY COUNCIL

JUDGMENT

HIS HONOUR 1. This is an application by Notice of Motion filed on 14 August 2003 that class 4 proceedings brought by David Grimsey against the Liverpool City Council be dismissed for failure to prosecute and an order that the Applicant, Mr Grimsey, pay the Council's costs.

2. The application is supported by an Affidavit sworn by David Robert Baird oN 14 August 2003. Mr Baird is a Solicitor employed by the Solicitors for the Liverpool City Council in these proceedings having carriage of the matter. In his Affidavit, he sets out the history of the case which was commenced by class 4 application filed on 7 May 2003. In that application the Applicant, Mr Grimsey, claimed relief as follows: · A declaration that a statutory enforcement order issued by the Council pursuant to the Environmental Planning and Assessment Act 1979, s 121B was invalid and that the order be discharged.