Prime City Investments Pty Ltd v Valuer General [2013] NSWLEC 162

Land and Environment Court New South Wales

Medium Neutral Citation: Prime City Investments Pty Ltd v Valuer General [2013] NSWLEC 162 Hearing dates: 20 September 2013 Decision date: 20 September 2013 Jurisdiction: Class 3 Before: Biscoe J Decision: Proceedings struck out for want of prosecution. Catchwords: PRACTICE AND PROCEDURE - strike out of valuation appeal for want of prosecution. Category: Procedural and other rulings Parties: Prime City Investments Pty Ltd (Applicant) Valuer-General (Respondent) Representation: COUNSEL: N/A (Applicant) B Row, solicitor (Respondent) SOLICITORS: N/A (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 30363/13

EX TEMPORE Judgment 1The respondent, the Valuer General, seeks an order that this valuation appeal be struck out for want of prosecution. The applicant has failed to appear at the last two directions hearings and again at today's directions hearing. At the last directions hearing the Court directed the Valuer-General's solicitors to notify the applicant by letter that unless there was an appearance today, the proceedings may be struck out. A letter along those lines was sent to the applicant. 2In the circumstances, in my opinion, the proceedings should be struck out for want of prosecution. 3The order of the Court is that the proceedings are struck out for want of prosecution. 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. Decision last updated: 25 September 2013