NSW Caselaw
New South Wales Court of Appeal CITATION : DIAMOND v BAULKHAM HILLS SHIRE COUNCIL & ORS [1999] NSWCA 277 revised - 04/08/99 FILE NUMBER(S) : CA 41059/98 HEARING DATE(S) : 26 July 1999 JUDGMENT DATE : 26 July 1999
Neville Francis Diamond - Claimant Baulkham Hills Shire Council - First Opponent PARTIES : ETRA Pty Ltd - Second Opponent Norah Bernadette Hurney - Third Opponent Tinda Creek Spiritual & Environment Centre - Fourth Opponent JUDGMENT OF : Sheller JA at 1; Cole AJA at 14
LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT FILE NUMBER(S) : 40066/97 LOWER COURT JUDICIAL OFFICER : Sheahan J
T F Robertson - Claimant COUNSEL : F Kunc - First Opponent A M Edwards - Second and Third Opponents Woolf Associates - Claimant SOLICITORS : Coleman & Greig - First Opponent Atkinson & Vinden - Second and Third Opponents CATCHWORDS : SECURITY FOR COSTS - against third party - not a party to proceedings - man of straw - sufficient interest and active role in litigation CASES CITED: Knight v FP Special Assets Ltd (1992) 174 CLR 178 Symphony Group PLC v Hodgson [1994] QB 179 DECISION : Application for leave to appeal is dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41059/98 L & E 40066/97
SHELLER JA COLE AJA
Monday, 26 July 1999
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