Central Coast Council v 40 Gindurra Road Somersby Pty Ltd [2019] NSWLEC 101

Central Coast Council v 40 Gindurra Road Somersby Pty Ltd [2019] NSWLEC 101

Given the lateness of the application, the lack of explanation for delay, uncertainty as to the connection between the Class 1 and Class 4 matters, that similar relief was recently refused, and the need to advance substantive proceedings, the discretion to adjourn was not exercised.

Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Class 4 Civil Enforcement and Judicial Review / Interlocutory Application (notice of Motion to Adjourn)
Outcome
Notice of motion dismissed. Costs awarded to applicant on ordinary basis.
Legal Topics
['adjournments' 'remediation Orders' 'costs']
['planning and Environment Law' 'civil Procedure'] ['adjournments' 'remediation Orders' 'costs']

Case Brief

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Procedural Posture

Class 4 Civil Enforcement and Judicial Review / Interlocutory Application (notice of Motion to Adjourn)

Legal Issues

  1. 1 ['Whether Class 4 proceedings should be adjourned pending outcome of related Class 1 appeal' 'Whether there are changes of circumstance justifying the adjournment' 'Whether costs should be awarded on an indemnity basis']

Ratio Decidendi

Given the lateness of the application, the lack of explanation for delay, uncertainty as to the connection between the Class 1 and Class 4 matters, that similar relief was recently refused, and the need to advance substantive proceedings, the discretion to adjourn was not exercised.

Court Disposition

Notice of motion dismissed. Costs awarded to applicant on ordinary basis.

Orders

  • ["The First Respondent's notice of motion dated 5 July 2019 is dismissed." "The Applicant's costs of the notice of motion dated 5 July 2019 are to be paid by the First Respondent."]