Rydal Management Pty Ltd v Greater Lithgow City Council; International Study Programs Pty Ltd & Ors v Greater Lithgow City Council & Anor; Rydal & Sodwalls Heritage Association Inc v Greater Lithgow City Council & Anor [1999] NSWLEC 175

Rydal Management Pty Ltd v Greater Lithgow City Council; International Study Programs Pty Ltd & Ors v Greater Lithgow City Council & Anor; Rydal & Sodwalls Heritage Association Inc v Greater Lithgow City Council & Anor [1999] NSWLEC 175

The Court considered that, despite some utility in resolving certain issues, there was little point in the hearing proceeding on 22 February 1999 until the actual position between Greater Lithgow City Council and Rydal Management Pty Ltd clarified in matter 10961 of 1998. The hearing dates in matters 10465 and 40183 of 1998 were therefore vacated and all three matters were listed for callover together.

Jurisdiction
Australia
Judgment Date
04 February 1999
Procedural Posture
Notice of Motion in Related Class 1 and Class 4 Proceedings Concerning a Development Application and Consent / Ex Tempore Judgment on Notice of Motion Seeking Vacation of Hearing Dates
Outcome
Motion granted; hearing dates vacated; matters listed for callover; costs reserved.
Legal Topics
['development Application Consent' 'conditions of Consent' 'vacation of Hearing Dates' 'adjournment' 'callover']
['planning and Environment' 'civil Procedure'] ['development Application Consent' 'conditions of Consent' 'vacation of Hearing Dates' 'adjournment' 'callover']

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Procedural Posture

Notice of Motion in Related Class 1 and Class 4 Proceedings Concerning a Development Application and Consent / Ex Tempore Judgment on Notice of Motion Seeking Vacation of Hearing Dates

Legal Issues

  1. 1 ['Whether the hearing dates fixed for 22 to 25 February 1999 in matters 10465 and 40183 of 1998 should be vacated pending clarification of the position between Greater Lithgow City Council and Rydal Management Pty Ltd in matter 10961 of 1998.']

Ratio Decidendi

The Court considered that, despite some utility in resolving certain issues, there was little point in the hearing proceeding on 22 February 1999 until the actual position between Greater Lithgow City Council and Rydal Management Pty Ltd clarified in matter 10961 of 1998. The hearing dates in matters 10465 and 40183 of 1998 were therefore vacated and all three matters were listed for callover together.

Court Disposition

Motion granted; hearing dates vacated; matters listed for callover; costs reserved.

Orders

  • ['The hearing dates in matters 10465 and 40183 of 1998 are vacated.' 'Matters 10465 and 40183 of 1998 are adjourned for callover on 1 March 1999 with matter 10961 of 1998.' 'Leave is granted to the parties to approach the registrar to change the arrangements for the callover if it would be more effectively done in...