Kavich v Holt [2020] NSWLEC 173

Kavich v Holt [2020] NSWLEC 173

Given the pending determination of the modification application, potential for resolution of the substantive issues, and unsatisfactory nature of current expert evidence, it is appropriate to adjourn proceedings, vacate current hearing dates, relist the matter for hearing if unresolved, and join the Minister as a necessary party; each party to bear own costs on the motion due to partial success.

Parties
Applicant/respondent on the Motion: Benjamin Kavich; First Respondent: Garry Holt; Second Respondent/applicant on the Motion: Matthew Bartolo
Jurisdiction
Australia
Judgment Date
01 December 2020
Procedural Posture
Class 4 Proceeding (land and Environment Court, Nsw) / Adjournment Application (interlocutory)
Outcome
Adjournment granted; hearing dates vacated and matter relisted; Minister to be joined as party; each party bears own costs of the motion.
Legal Topics
Adjournment of Proceedings, Joinder of Parties, Expert Evidence, Development Consent Modification
Planning and Environment Law Civil Procedure Adjournment of Proceedings Joinder of Parties Expert Evidence Development Consent Modification

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Parties

Benjamin Kavich

Applicant/respondent on the Motion

Garry Holt

First Respondent

Matthew Bartolo

Second Respondent/applicant on the Motion

Procedural Posture

Class 4 Proceeding (land and Environment Court, Nsw) / Adjournment Application (interlocutory)

Legal Issues

  1. 1 Whether proceedings should be adjourned pending determination of modification application to development consent
  2. 2 Whether hearing dates should be vacated and relisted
  3. 3 Whether the Minister as landowner should be joined as a party

Ratio Decidendi

Given the pending determination of the modification application, potential for resolution of the substantive issues, and unsatisfactory nature of current expert evidence, it is appropriate to adjourn proceedings, vacate current hearing dates, relist the matter for hearing if unresolved, and join the Minister as a necessary party; each party to bear own costs on the motion due to partial success.

Court Disposition

Adjournment granted; hearing dates vacated and matter relisted; Minister to be joined as party; each party bears own costs of the motion.

Orders

  • Proceedings adjourned to permit determination of modification application.
  • Hearing dates for 29 March - 1 April 2021 vacated.