May v Northern Beaches Council and Anor [2022] NSWLEC 154

May v Northern Beaches Council and Anor [2022] NSWLEC 154

Leave was granted for the applicant to file and rely upon the amended summons, with withdrawal and dismissal of all other aspects of his motions by consent, and no order as to costs.

Parties
Applicant: Stephen May; First Respondent: Northern Beaches Council; Second Respondent: Paul Wilhelm
Jurisdiction
Australia
Judgment Date
13 April 2022
Procedural Posture
Class 4 / Notices of Motion—procedural Ruling
Outcome
Applicant granted leave to file amended summons; all other motions withdrawn and dismissed; no order as to costs.
Legal Topics
Notices of Motion, Leave to Amend Summons, Costs, Adjournment
Practice and Procedure Notices of Motion Leave to Amend Summons Costs Adjournment

Case Brief

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Parties

Stephen May

Applicant

Northern Beaches Council

First Respondent

Paul Wilhelm

Second Respondent

Procedural Posture

Class 4 / Notices of Motion—procedural Ruling

Legal Issues

  1. 1 Whether the applicant should be granted leave to rely on an amended summons
  2. 2 Disposal of notices of motion seeking adjournment and other procedural orders

Ratio Decidendi

Leave was granted for the applicant to file and rely upon the amended summons, with withdrawal and dismissal of all other aspects of his motions by consent, and no order as to costs.

Court Disposition

Applicant granted leave to file amended summons; all other motions withdrawn and dismissed; no order as to costs.

Orders

  • Stephen May is granted leave to file the amended summons in Court on 13 April 2022.
  • Otherwise, the notices of motion filed 11 March 2022 and 11 April 2022 by Stephen May are withdrawn and dismissed.