Coalpac Pty Ltd v Minister for Planning and Infrastructure [2013] NSWLEC 52

Coalpac Pty Ltd v Minister for Planning and Infrastructure [2013] NSWLEC 52

The application to vacate hearing dates was refused as neither ongoing processing of the project application nor the implications of the Bulga judgment provided sufficient grounds to exercise discretion to vacate or adjourn, especially given the principles of just, quick, and cheap resolution under the Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
19 April 2013
Procedural Posture
Class 4 / Determination of Notice of Motion to Vacate Hearing Dates
Outcome
Notice of motion dismissed. Applicant to pay respondents' costs. Orders and directions made by consent.
Legal Topics
['motion to Vacate Hearing Dates' 'exercise of Discretion' 'judicial Review' 'coal Mining Project Application']
['practice and Procedure'] ['motion to Vacate Hearing Dates' 'exercise of Discretion' 'judicial Review' 'coal Mining Project Application']

Case Brief

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Procedural Posture

Class 4 / Determination of Notice of Motion to Vacate Hearing Dates

Legal Issues

  1. 1 ['Should hearing dates be vacated in light of ongoing processing of project application and recent relevant judgment?' 'Does the reasoning in Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited impact these proceedings?']

Ratio Decidendi

The application to vacate hearing dates was refused as neither ongoing processing of the project application nor the implications of the Bulga judgment provided sufficient grounds to exercise discretion to vacate or adjourn, especially given the principles of just, quick, and cheap resolution under the Civil Procedure Act 2005.

Court Disposition

Notice of motion dismissed. Applicant to pay respondents' costs. Orders and directions made by consent.

Orders

  • ['The notice of motion filed by the applicant on 15 April 2013 is dismissed.' "The applicant is to pay the respondents' costs of that notice of motion." 'By consent, orders and directions in accordance with paragraphs 2 to 11 of the short minutes of order initialled by the judge are made.']