COLIN MAYBURY, MARCIA MAYBURY and KURRI-WESTON CONCERNED CITIZENS ACTION GROUP INC v. WESTON ALUMINIUM (PRODUCERS) PTY LIMITED [1998] NSWLEC 208 (29 June 1998) [1998] NSWLEC 51

Land and Environment Court of New South Wales

CITATION : COLIN MAYBURY, MARCIA MAYBURY and KURRI-WESTON CONCERNED CITIZENS ACTION GROUP INC v. WESTON ALUMINIUM (PRODUCERS) PTY LIMITED [1998] NSWLEC 208 (29 June 1998) [1998] NSWLEC 51 PARTIES : COLIN MAYBURY, MARCIA MAYBURY and KURRI-WESTON CONCERNED CITIZENS ACTION GROUP INC v. WESTON ALUMINIUM (PRODUCERS) PTY LIMITED [1998] NSWLEC 208 (29 June 1998) FILE NUMBER(S) : 40168 of 1997 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 29 June 1998 EX TEMPORE JUDGMENT DATE : 06/29/1998

Mr C Maybury (In Person/Agent) LEGAL REPRESENTATIVES: Mr J E Robson (Barrister)

JUDGMENT: 1. HIS HONOUR: These proceedings were commenced some time during the month of September 1997 following a judgment delivered by me in proceedings 10397 of 1995, on 30 August 1996, following a final hearing on 27 August.

2. The applicants in the proceedings sought to deal with a number of issues which were fully canvassed in my judgment delivered on 17 February 1998. Ultimately the applicants were unsuccessful in the proceedings and the application was dismissed with the effect that the class 1 determination made by this Court in August 1996 remains undisturbed.

3. These class 4 proceedings were set down for hearing on 21 October, when no appearance was entered by the respondent. Subsequently, the respondent became aware of the fact that the proceedings were on foot and thereupon filed a notice of motion seeking primary relief to strike out the application on the ground that it was frivolous, vexatious and an abuse of process.

4. The issue of whether or not the proceedings should be struck out was argued before the Chief Judge on 21 October. Following argument her Honour declined to make the order. She did, however, make an order in the alternative which followed as a consequence of the failure to have the proceedings struck out.