A & M Green Investments Pty Ltd v Albury City Council [2012] NSWLEC 50

A & M Green Investments Pty Ltd v Albury City Council [2012] NSWLEC 50

Given the realistic prospect of the development application being consented to and thereby disposing of the proceedings, it is appropriate to vacate the hearing date and stand the matter over for directions.

Parties
First Applicant: A & M Green Investments Pty Ltd; Second Applicant: S & K Green Investments Pty Ltd; Respondent: Albury City Council
Jurisdiction
Australia
Judgment Date
16 March 2012
Procedural Posture
Interlocutory Application / Motion to Vacate Hearing Date
Outcome
Hearing date vacated; costs reserved; matter stood over for directions
Legal Topics
Vacating Hearing Date, Development Application, Obligation to Acquire Land
Practice and Procedure Vacating Hearing Date Development Application Obligation to Acquire Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

A & M Green Investments Pty Ltd

First Applicant

S & K Green Investments Pty Ltd

Second Applicant

Albury City Council

Respondent

Procedural Posture

Interlocutory Application / Motion to Vacate Hearing Date

Legal Issues

  1. 1 Whether hearing date should be vacated to allow respondent to consider a development application which may dispose of proceedings

Ratio Decidendi

Given the realistic prospect of the development application being consented to and thereby disposing of the proceedings, it is appropriate to vacate the hearing date and stand the matter over for directions.

Court Disposition

Hearing date vacated; costs reserved; matter stood over for directions

Orders

  • Order that the hearing date of 21 March 2012 be vacated.
  • The costs of the applicants' notice of motion filed on 13 March 2012 are reserved.