Murphy v Council of the Municipality of Strathfield [2012] NSWSC 85

Supreme Court New South Wales

Medium Neutral Citation: Murphy v Council of the Municipality of Strathfield [2012] NSWSC 85 Hearing dates: 15 February 2012 Decision date: 17 February 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Mr Murphy's motion dated 8 December 2011 is struck out. 2. Mr Murphy is given leave to file and serve any amended pleadings within 28 days. 3. Unless the parties approach within 7 days, the order as to costs on the motions will be that Mr Murphy must pay the Council's costs, as agreed or assessed. Catchwords: PROCEDURE - notice of motions - plaintiff's motion seeking to re-open 1964 proceedings - recovery of money and other orders sought - orders not made - defendant's motion seeking to strike out plaintiff's motion - motion struck out - pleadings to be put in proper form - leave granted to file amended pleadings - costs Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Gunns Limited v Marr [2005] VSC 251 Category: Procedural and other rulings Parties: David Gregory Murphy (Plaintiff) Council of the Municipality of Strathfield (Defendant) Representation: Solicitors: Mr Murphy (unrepresented) Ms S Kelly DLA Piper Australia (Defendant) File Number(s): 2011/327194

Judgment 1The proceedings were commenced by notice of motion filed in December 2011, by the plaintiff, Mr Murphy, who is unrepresented. Also before the Court is a notice of motion filed by the defendant, Strathfield Council ('Council') in January 2012.