Ralph Lauren 57 v Byron Shire Council [2016] NSWSC 169

Supreme Court New South Wales

Medium Neutral Citation: Ralph Lauren 57 v Byron Shire Council [2016] NSWSC 169 Hearing dates: 10 November 2015 Date of orders: 03 March 2016 Decision date: 03 March 2016 Jurisdiction: Common Law Before: Hidden J Decision: Motion to file further amended statement of claim granted. Motion to strike out certain paragraphs of existing statement of claim dismissed. Catchwords: PRACTICE AND PROCEDURE – proceedings in negligence and nuisance by property owners against Shire Council – application by Council to strike out certain paragraphs in statement of claim – application by plaintiffs to file further amended statement of claim. Legislation Cited: Civil Liability Act 2002 Coastal Protection Act 1979 Conveyancing Act 1919 Local Government Act 1993 Local Government Act 1919 Cases Cited: Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59, 200 CLR 1 Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54, 211 CLR 540 Kirby v Sanderson Motors Pty Ltd [2002] NSWCA 44, 54 NSWLR 135 Southern Shire Council v Heyman (1984-85) 157 CLR 424 Category: Principal judgment Parties: Ralph Lauren 57 Pty Ltd (1st plaintiff) PJ George Investments Pty Ltd (2nd plaintiff) Ralph Lauren Pty Ltd (3rd plaintiff) Robert Watson (4th plaintiff) Immer (No. 196) Pty Ltd (5th plaintiff) John Vaughyan (6th plaintiff) Anne Vaughan (7th plaintiff) Paecal Pty Ltd (8th plaintiff) Stewartville Pty Limited (9th plaintiff) John Anthony Callanan (10th plaintiff) Simon Clowes (11th plaintiff) Lisa Clowes (12th plaintiff) Jürgen Greiner (13th plaintiff) Ingrid Greiner (14th plaintiff) Byron Shire Council (1st defendant) Reserve Number 82000 (2nd defendant) Representation: Counsel: AJL Bannon SC with A Bouris (plaintiffs) S Donaldson SC with S Glascott (defendants)