Luka v Lake Macquarie City Council [2003] NSWLEC 360

> Land and Environment Court of New South Wales

CITATION : Luka v Lake Macquarie City Council [2003] NSWLEC 360 APPLICANT: Luka PARTIES : RESPONDENT: Lake Macquarie City Council FILE NUMBER(S) : 30121 of 1994 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Motions for dismissal of proceedings or stay until security is provided or assessed costs paid LEGISLATION CITED: Land Acquisition (Just Terms) Compensation Act 1991 CASES CITED: Lake Macquarie City Council v Luka (1999) 106 LGERA 94; Luka v Lake Macquarie City Council (2001) NSWLEC 251 DATES OF HEARING: 15/09/2003 DATE OF JUDGMENT: 12/23/2003

APPLICANT: Mr B Dennis, Solicitor SOLICITORS: Dennis and Co LEGAL REPRESENTATIVES: RESPONDENT: Mr M Jacobs QC SOLICITORS: Peter Rees

JUDGMENT:

IN THE LAND AND Matter No. 30121 of 1994 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 23 December 2003

SHANNON LUKA

Applicant

v

LAKE MACQUARIE CITY COUNCIL

First Respondent

JUDGMENT

A. INTRODUCTION

1. These are three Notices of Motion filed by the Respondent (the Council) in these pending class 3 proceedings, being a claim to compensation pursuant to the Land Acquisition (Just Terms) Compensation Act 1991 (the Just Terms Act) seeking alternatively the following relief—

(i) dismissal of the proceedings for want of prosecution;

(ii) dismissal of the proceedings by reason of the failure of the Applicant to comply with various specific directions that have been given by the Court; or