Strathfield Municipal Council v C & C Investment Trading Pty Ltd [2018] NSWLEC 17

Strathfield Municipal Council v C & C Investment Trading Pty Ltd [2018] NSWLEC 17

The motion for adjournment was dismissed because the Class 4 proceedings had previously been expedited on the basis of evidence before Sheahan J, the related Class 1 proceedings were unlikely to be heard before July, the Respondent on the Motion was ready for trial, and there was no evidence showing that the circumstances justifying expedition had changed.

Jurisdiction
Australia
Judgment Date
19 February 2018
Procedural Posture
Class 4 Proceedings; Notice of Motion Seeking Adjournment of Hearing Dates / Hearing and Determination of Motion for Adjournment
Outcome
Motion dismissed with costs.
Legal Topics
['adjournment' 'expedited Proceedings' 'class 4 Proceedings' 'concurrent Class 1 Proceedings' 'section 96 Modification Application' 'section 121 B Order Appeal']
['environmental Planning and Assessment' 'land and Environment' 'civil Procedure'] ['adjournment' 'expedited Proceedings' 'class 4 Proceedings' 'concurrent Class 1 Proceedings' 'section 96 Modification Application' 'section 121 B Order Appeal']

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Procedural Posture

Class 4 Proceedings; Notice of Motion Seeking Adjournment of Hearing Dates / Hearing and Determination of Motion for Adjournment

Legal Issues

  1. 1 ['Whether the Class 4 proceedings should be adjourned until after determination of two related Class 1 proceedings.' 'Whether there was evidence showing that the basis for the prior expedition of the Class 4 proceedings had changed.' 'Whether the existence of concurrent Class 1 proceedings justified vacating the expedited Class 4 hearing dates.']

Ratio Decidendi

The motion for adjournment was dismissed because the Class 4 proceedings had previously been expedited on the basis of evidence before Sheahan J, the related Class 1 proceedings were unlikely to be heard before July, the Respondent on the Motion was ready for trial, and there was no evidence showing that the circumstances justifying expedition had changed.

Court Disposition

Motion dismissed with costs.

Orders

  • ['The motion is dismissed.' "The Applicant on the Motion is to pay the Respondent on the Motion's costs of the motion."]