NSW Caselaw
New South Wales Court of Appeal
CITATION : Swain v Concord Council [2002] NSWCA 340 FILE NUMBER(S) : CA 40803/01 HEARING DATE(S) : 1 October 2002 JUDGMENT DATE : 1 October 2002
Betty Swain v PARTIES : Concord Council and Central Sydney Area Health Service and D M Taylor Landscape Architects Pty Ltd & Ors JUDGMENT OF : Handley JA at 1; Giles JA at 2; Hodgson JA at 3
LOWER COURT JURISDICTION : District Court LOWER COURT DC 4107/00 FILE NUMBER(S) : LOWER COURT Cooper DCJ JUDICIAL OFFICER :
Claimant - C Waterstreet COUNSEL : Opponent 1 - D Davies SC Opponent 2 - J Simpkins SC/R Cheney Opponent 3 - G Melick SC/S Glascot Claimant - Thomas & Co SOLICITORS : Opponent 1 - Phillips Fox Opponent 2 - Frances Allpress Opponent 3 - Boswick Solicitors
DECISION : Summons dismissed with costs
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
40803/01 DC 4107/00 HANDLEY JA GILES JA HODGSON JA
1 October 2002 Betty Joan SWAIN v CONCORD COUNCIL & ORS
Judgment 1 HANDLEY JA: The Court will refuse leave to appeal in this case because in our view the Judge was correct for the reasons he gave. The summons therefore will be dismissed with costs. 2 GILES JA: I agree. 3 HODGSON JA: I agree. ******
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