NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ray Hannah's Motors Pty Ltd v Wollongong City Council [2007] NSWLEC 70
APPLICANT: Ray Hannah's Motors Pty Ltd PARTIES : RESPONDENT: Wollongong City Council
FILE NUMBER(S) : 41420 of 2005
CORAM: Biscoe J
KEY ISSUES: Practice and Procedure :- Summary dismissal of proceedings for failure to prosecute
LEGISLATION CITED: Land and Environment Court Rules 1996, Pt 12 r 2
DATES OF HEARING: 05/02/2007
EX TEMPORE JUDGMENT DATE : 5 February 2007
APPLICANT: Ms K C Gourlie, solicitor SOLICITORS Watson & Watson LEGAL REPRESENTATIVES:
RESPONDENT: Mr R J Lewin, solicitor SOLICITORS Kells
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
5 February 2007
41420 of 2005
RAY HANNAH'S MOTORS PTY LIMITED v WOLLONGONG CITY COUNCIL
EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a notice of motion by the respondent council seeking an order, pursuant to Part 12 rule 2 of the Land and Environment Rules 1996, that the proceedings be dismissed because of the applicant's failure to prosecute the proceedings, or alternatively, that the dates fixed for hearing on 12, 13 and 14 February 2007 be vacated and a fresh pre-hearing timetable be fixed. The applicant does not contest the vacation of the hearing dates and has indicated that it would agree to an order that it pay the costs thrown away if the hearing date were to be vacated. However it submits that the proceedings should not be summarily dismissed.
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