NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Shoalhaven City Council v Ellis [2012] NSWLEC 189 Hearing dates: 10 August 2012 Decision date: 10 August 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: In each matter: (1) The respondent is to permit the experts engaged by the applicant, upon at least two days' prior written notice, access to the respondent's land for the purposes of preparing evidence in the proceedings. (2) For the purpose of Order 1, service by facsimile to 02 4443 4954 shall be deemed to be sufficient service of the notice. (3) The applicant must notify the respondent of these orders by facsimile to be sent by 5:00 pm on Monday, 13 August 2012. Catchwords: PRACTICE AND PROCEDURE - whether in Class 4 civil enforcement proceedings order should be made for inspection of the respondents' properties by applicant council's experts for the purposes of preparing evidence in the proceedings. Legislation Cited: Uniform Civil Procedure Rules 2005 r 23.8 Cases Cited: Shoalhaven City Council v Bonner [2010] NSWLEC 251 Category: Interlocutory applications Parties: 40257 of 2012 Shoalhaven City Council (Applicant) Grant Ellis (Respondent)
40258 of 2012 Shoalhaven City Council (Applicant) Robert Wayne Mitchell (First Respondent) Patricia Ann Mitchell (Second Respondent)
40259 of 2012 Shoalhaven City Council (Applicant) Neil Francis Ash (First Respondent) Barbara Marie Ash (Second Respondent)
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