NSW Caselaw
Reported Decision : 169 LGERA 307
Land and Environment Court of New South Wales
CITATION : Reid's Farms Pty Ltd v Murray Shire Council [2009] NSWLEC 171
APPLICANT Reid's Farms Pty Ltd
PARTIES : FIRST RESPONDENT Murray Shire Council
SECOND RESPONDENT KSK Developments Pty Ltd
FILE NUMBER(S) : 40145 of 2009
CORAM: Pepper J
PRACTICE AND PROCEDURE :- security for costs - company not trading and without assets - person standing behind company unwilling to provide security - factors to be considered when exercising Court's discretion to order security for costs - security for costs ordered KEY ISSUES: PRACTICE AND PROCEDURE :- strike out application - defective points of claim - by consent points of claim struck out with no prejudice to party seeking leave to replead
LEGISLATION CITED: Environment Planning and Assessment Act 1979 s 101 Uniform Civil Procedure Rules 2005 r 42.21(3)
Burrell Place Community Action Group Incorporated v Griffith City Council [2009] NSWLEC 120 CASES CITED: KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Sky Design and Concepts Pty Ltd v Pittwater Council (No 4) [2009] NSWLEC 129
DATES OF HEARING: 1 October 2009
EX TEMPORE JUDGMENT DATE : 1 October 2009
APPLICANT Mr M Baird SOLICITORS David Geddes Solicitor
FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr M Seymour SOLICITORS Kell Moore Solicitors
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