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. ****** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.