Dungog Shire Council v Blackman [2024] NSWLEC 112

Dungog Shire Council v Blackman [2024] NSWLEC 112

Limited adjournment of the Class 4 proceedings is granted on the basis that the outcome of the Class 1 development appeal may render them unnecessary, but only on condition that the Class 1 proceedings are expedited and scheduled for hearing in December 2024, balancing interests of the parties, Council's statutory duties, public interest and the overriding purpose of civil procedure.

Parties
Respondent on the Motion: Dungog Shire Council; First Applicant on the Motion: Cherilyne Blackman; Second Applicant on the Motion: Frederick Blackman
Jurisdiction
Australia
Judgment Date
30 September 2024
Procedural Posture
Notice of Motion (class 4) in Civil Enforcement Proceedings With Related Class 1 Development Appeal / Interlocutory—adjournment Pending Determination of Related Proceedings
Outcome
Notice of motion granted; Class 4 proceedings adjourned pending outcome of expedited Class 1 proceedings with relevant directions for both matters.
Legal Topics
Adjournment of Proceedings, Use of Development Land, Interlocutory Relief, Discretionary Powers, Expedition of Proceedings
Planning and Environment Law Civil Procedure Local Government Adjournment of Proceedings Use of Development Land Interlocutory Relief Discretionary Powers Expedition of Proceedings

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Parties

Dungog Shire Council

Respondent on the Motion

Cherilyne Blackman

First Applicant on the Motion

Frederick Blackman

Second Applicant on the Motion

Procedural Posture

Notice of Motion (class 4) in Civil Enforcement Proceedings With Related Class 1 Development Appeal / Interlocutory—adjournment Pending Determination of Related Proceedings

Legal Issues

  1. 1 Whether hearing dates in Class 4 proceedings should be vacated until related Class 1 proceedings are determined
  2. 2 Appropriate exercise of discretion under s 9.46(3)(a) Environmental Planning and Assessment Act 1979 (NSW)

Ratio Decidendi

Limited adjournment of the Class 4 proceedings is granted on the basis that the outcome of the Class 1 development appeal may render them unnecessary, but only on condition that the Class 1 proceedings are expedited and scheduled for hearing in December 2024, balancing interests of the parties, Council's statutory duties, public interest and the overriding purpose of civil procedure.

Court Disposition

Notice of motion granted; Class 4 proceedings adjourned pending outcome of expedited Class 1 proceedings with relevant directions for both matters.

Orders

  • The Class 4 proceedings are adjourned until 7 days after the Court's determination of the Class 1 proceedings (2024/00270130).
  • The Class 4 proceedings are listed for mention before Robson J on 10 December 2024 at 9.30am.