Jonathan v Kyogle Council [2011] NSWLEC 223

Jonathan v Kyogle Council [2011] NSWLEC 223

The applicant has no intention to prosecute the proceedings further and does not object to their dismissal. The continued existence of the proceedings would result in ongoing costs for the council. The proceedings should be dismissed for want of prosecution.

Parties
Applicant: Jonathan; Respondent: Kyogle Council
Jurisdiction
Australia
Judgment Date
25 November 2011
Procedural Posture
Class 1 Appeal / Motion to Dismiss for Want of Prosecution
Outcome
Proceedings dismissed for want of prosecution; costs reserved.
Legal Topics
Dismissal for Want of Prosecution, Development Application, Jurisdictional Challenge
Planning and Environment Dismissal for Want of Prosecution Development Application Jurisdictional Challenge

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Parties

Jonathan

Applicant

Kyogle Council

Respondent

Procedural Posture

Class 1 Appeal / Motion to Dismiss for Want of Prosecution

Legal Issues

  1. 1 Whether proceedings should be dismissed for want of prosecution
  2. 2 Whether applicant intends to prosecute the proceedings
  3. 3 Jurisdiction of the Land and Environment Court over applicant

Ratio Decidendi

The applicant has no intention to prosecute the proceedings further and does not object to their dismissal. The continued existence of the proceedings would result in ongoing costs for the council. The proceedings should be dismissed for want of prosecution.

Court Disposition

Proceedings dismissed for want of prosecution; costs reserved.

Orders

  • The proceedings are dismissed.
  • Costs are reserved.