Andy Soames v Department of Housing Ryde [2005] NSWSC 1233

New South Wales Supreme Court

CITATION : Andy Soames v Department of Housing Ryde [2005] NSWSC 1233

HEARING DATE(S) : 15 June 2005

JUDGMENT DATE : 15 June 2005

JUDGMENT OF : Latham J at 1

DECISION : The proceedings commenced by way of summons filed by the plaintiff on 29 November 2004 are dismissed pursuant to Part 13 Rule 5(1)(a); the stay granted by Justice Hulme on 28 November 2004 is set aside; the costs of this motion and of the proceedings awarded to the defendant

CATCHWORDS : Summary Dismissal of Proceedings - Absence of Standing

LEGISLATION CITED : Consumer Trader Tenancy Tribunal Act

Dey v Victorian Railways Commissioners (1949) 78 CLR 62 CASES CITED : General Steel Industries Inc v Commissioner for Railways (New South Wales) (1964) 112 CLR 125, Webster & another v Lampard (1993) 177 CLR 598.

Andy Soames PARTIES : Department of Housing, Ryde

FILE NUMBER(S) : SC 04/13942

Plaintiff- Self-represented COUNSEL : Defendant - Mr AR Jungwirth

Plaintiff - Self-represented SOLICITORS : Defendant - Legal Services Branch - NSW Dept of Housing

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

LATHAM J

15 JUNE 2005

04/13942 ANDY SOAMES v DEPARTMENT OF HOUSING, RYDE

JUDGMENT 1 HER HONOUR: In the matter of Andy Soames and the Department of Housing Ryde, the defendant moves on a Notice of Motion filed on 21 April 2005 seeking the following orders: One, that the proceedings be dismissed under Part 13 Rule 5(1)(a) of the Supreme Court Rules 1970. Alternatively, under Part 13 Rule 5(1)(b); and alternatively under Part 13 Rule 5(1)(C).