NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ebsworth v Sutherland Shire Council [2006] NSWLEC 536
APPLICANT Adrienne Ebsworth PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 11664 of 2004
CORAM: Jagot J
KEY ISSUES: Appeal :- Want of prosecution - Stay of proceedings - Appeal dismissed
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 1996 Pt 12 r 2
DATES OF HEARING: 10/08/2006
DATE OF JUDGMENT: 08/17/2006
APPLICANT Ms A Ebsworth (in person) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT Ms E Ranken (solicitor) SOLICITORS Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
17 August 2006
11664 of 2004
ADRIENNE EBSWORTH Applicant
SUTHERLAND SHIRE COUNCIL Respondent
JUDGMENT Jagot J: Introduction 1 These are short reasons for my decision to make an order dismissing the appeal sought in the Council's notice of motion dated 10 July 2006.
2 The first matter I need to observe is that the Chief Judge has informed me that he has revoked the delegation to Senior Commissioner Roseth in relation to this matter. Accordingly, I can deal with the Council's notice of motion.
3 The Council's notice of motion sought an order that the proceedings be dismissed pursuant to Pt 12 r 2 of the Land and Environment Court Rules 1996. The Council says that the applicant has not met the conditions of the stay as set out in orders made by consent on 16 June 2006 and, hence, the applicant has not prosecuted the proceedings.
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