Calardu Penrith Pty Ltd v Pipven Pty Ltd [2009] NSWLEC 119

Calardu Penrith Pty Ltd v Pipven Pty Ltd [2009] NSWLEC 119

The Court determined that, given the first respondent's proposed undertakings and the intent of s 124(3), and after weighing the potential prejudice to the applicant and efficiency considerations, the hearing dates should be vacated and the timetable suspended pending the submission and determination of the new development application.

Jurisdiction
Australia
Judgment Date
24 July 2009
Procedural Posture
Class 4 Proceedings / Motion to Adjourn, Interlocutory Application
Outcome
Hearing dates vacated, timetable suspended, orders made as detailed below.
Legal Topics
['adjournment of Proceedings' 'development Consent' 'mandatory Injunction' 'vacation of Hearing Dates']
['planning and Environment Law' 'practice and Procedure'] ['adjournment of Proceedings' 'development Consent' 'mandatory Injunction' 'vacation of Hearing Dates']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 4 Proceedings / Motion to Adjourn, Interlocutory Application

Legal Issues

  1. 1 ['Whether the hearing date should be vacated and timetable suspended pending a new development application by the first respondent' 'Whether delay would cause prejudice to the applicant' 'Whether the requirements of s 124(3) of the Environmental Planning and Assessment Act 1979 are satisfied']

Ratio Decidendi

The Court determined that, given the first respondent's proposed undertakings and the intent of s 124(3), and after weighing the potential prejudice to the applicant and efficiency considerations, the hearing dates should be vacated and the timetable suspended pending the submission and determination of the new development application.

Court Disposition

Hearing dates vacated, timetable suspended, orders made as detailed below.

Orders

  • ['The hearing dates of 10-14 August 2009 are vacated.' 'The timetable set by the Court on 1 July 2009 and amended on 10 July 2009 is suspended.' 'The first respondent is to submit the new development application to the fourth respondent on or before 5 August 2009.' 'The applicant and first respondent are to list the...