Randwick City Council v. Chris Mekler [1998] NSWLEC 134

Land and Environment Court of New South Wales

CITATION : Randwick City Council v. Chris Mekler [1998] NSWLEC 134 APPLICANT Randwick City Council

FIRST RESPONDENT Chris Mekler PARTIES : SECOND RESPONDENT Steven Mekler

THIRD RESPONDENT Rinpurr Pty Ltd FILE NUMBER(S) : 40323 of 1997 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Supreme Court Rules Part 13 Rule 5 CASES CITED: DATES OF HEARING: 28/05/98 DATE OF JUDGMENT: 05/28/1998

APPLICANT Ms. Gerathy, Solicitor LEGAL REPRESENTATIVES: Bowen and Gerathy RESPONDENT Mr. Campbell, Barrister

JUDGMENT: This is a Motion filed in Court on 22 May 1998 in Class Four proceedings brought by Randwick Council against three named Respondents claiming declaratory and injunctive relief in relation to premises situated at Nos. 8 to 15 Perouse Road, Randwick other than for use as a service station operating between the hours of 7am and 7pm.

The Motion before me today which is brought by the Second Respondent, Chris Mekler, seeks relief pursuant to Supreme Court Rules Part 13 Rule 5, that the proceedings against the Second Respondent be dismissed. The Motion is supported by an affidavit filed by the Second Respondent dated 26 May 1998 in which he deposes to his non-involvement with the premises, the subject of the Class Four proceedings, noting in paragraph 4 that the premises are owned by his father, the First Respondent in the proceedings, and the Company nominated as a Third Respondent.