Alcoa Australia Rolled Products Pty Limited v Holroyd City Council & Ors [2006] NSWLEC 731

Alcoa Australia Rolled Products Pty Limited v Holroyd City Council & Ors [2006] NSWLEC 731

The balance between the right of the applicant to an expeditious determination of its appeal and the avoidance of unnecessary expenditure by the respondents is resolved in favour of proceeding without adjournment despite the pending special leave application, as the applicant is ready to proceed and entitled to do so, and any preparation on the part of the respondents is a necessary part of exercising their rights as parties under s 97(4).

Jurisdiction
Australia
Judgment Date
02 November 2006
Procedural Posture
Appeal / Notice of Motion to Adjourn Pending Special Leave Application; Ex Tempore Judgment at Interlocutory Stage
Outcome
Notice of motion to adjourn dismissed; some directions vacated; new directions made for further conduct of proceedings.
Legal Topics
['development Consent' 'adjournment Applications' 'deemed Refusal Appeals']
['planning Law' 'environmental Law'] ['development Consent' 'adjournment Applications' 'deemed Refusal Appeals']

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Procedural Posture

Appeal / Notice of Motion to Adjourn Pending Special Leave Application; Ex Tempore Judgment at Interlocutory Stage

Legal Issues

  1. 1 ['Whether proceedings should be adjourned pending determination of special leave application to the High Court' 'Whether directions for filing of evidence should be vacated or maintained']

Ratio Decidendi

The balance between the right of the applicant to an expeditious determination of its appeal and the avoidance of unnecessary expenditure by the respondents is resolved in favour of proceeding without adjournment despite the pending special leave application, as the applicant is ready to proceed and entitled to do so, and any preparation on the part of the respondents is a necessary part of exercising their rights as parties under s 97(4).

Court Disposition

Notice of motion to adjourn dismissed; some directions vacated; new directions made for further conduct of proceedings.

Orders

  • ["Dismiss the second respondent's notice of motion of 25 October 2006." "Direct the third respondent to answer the applicant's request for particulars by 23 November 2006." 'Direct the respondents to file and serve all expert and non-expert evidence on which they wish to rely by 30 November 2006.' 'Order that the...