Tamworth City Council v Vorhauer & Anor [2003] NSWSC 640

New South Wales Supreme Court

CITATION : Tamworth City Council v Vorhauer & Anor [2003] NSWSC 640 HEARING DATE(S) : 16 July 2003 JUDGMENT DATE : 16 July 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : I order that both the defence and the cross-claim be struck out. Save as to what is sought in para 3 of the Minute of Judgment filed in court on 23 August 2002 I make orders in terms of the Minute (which has been initialled by me and placed with the papers). In lieu of what appears in para 3 thereof I order the first defendant to pay the plaintiff's costs of the application and of the proceedings to date. The proceedings are to be returned to the Possession List.

CATCHWORDS : Claim for possession - application that should have been dealt with in the Possession List - striking out of pleadings and entry of judgment. LEGISLATION CITED : Local Government Act 1993, s 713. CASES CITED : Coco v The Queen 179 CLR 427. Tamworth City Council (Plaintiff) PARTIES : v Florence Amelia Vorhauer (First Defendant) Lisa Amelia Vorhauer by her tutor Florence Vorhauer (Second Defendant) FILE NUMBER(S) : SC 12000 of 2002 P J McEwen SC (Plaintiff) COUNSEL : N/A (Defendants) A-G NSW Intervening N/A Everingham Solomons (Plaintiff) In person (First Defendant) SOLICITORS : N/A (Second Defendant) A-G NSW Intervening - I V Knight - Crown Solicitor

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION