Ferguson and Anor v Leichhardt Council [2003] NSWLEC 43

Ferguson and Anor v Leichhardt Council [2003] NSWLEC 43

The hearing dates are vacated because amended plans may obviate the need for litigation, and parties are given liberty to apply regarding costs resulting from the vacation.

Jurisdiction
Australia
Judgment Date
13 January 2003
Procedural Posture
Building and Planning Appeal / Vacation of Hearing Due to Amended Plans
Outcome
Hearing dates vacated, liberty to apply as to costs, matter referred to Registrar's callover list.
Legal Topics
['vacation of Hearing' 'contested Building and Planning Appeal' 'costs Reserved']
['practice and Procedure'] ['vacation of Hearing' 'contested Building and Planning Appeal' 'costs Reserved']

Case Brief

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Procedural Posture

Building and Planning Appeal / Vacation of Hearing Due to Amended Plans

Legal Issues

  1. 1 ["Should the hearing of the contested building and planning appeal be vacated due to the applicants' wish to rely on amended plans?" 'How should the question of costs be addressed arising from the vacation of hearing?']

Ratio Decidendi

The hearing dates are vacated because amended plans may obviate the need for litigation, and parties are given liberty to apply regarding costs resulting from the vacation.

Court Disposition

Hearing dates vacated, liberty to apply as to costs, matter referred to Registrar's callover list.

Orders

  • ['The hearing dates of 16 and 17 January 2003 are vacated.' 'Either party be at liberty to apply to relist the matter as to the question of costs.' "The matter be referred to the Registrar's callover list on 5 February 2003."]