Diab v Cavasinni [2019] NSWLEC 204

Diab v Cavasinni [2019] NSWLEC 204

The Class 4 proceeding will not be vacated. Issues of breach of the development consent and Environmental Planning and Assessment Act are to be heard and determined separately from remedy or relief. The respondents’ request for adjournment is rejected. Costs for the notice of motion are awarded to the respondent, as the motion was discrete and the hearing dates are maintained.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Civil Enforcement Proceeding / Procedural Ruling on Notice of Motion to Vacate Hearing Dates and Manage Hearing Sequence
Outcome
Notice of motion to vacate hearing dates refused; hearing to proceed on breach issue only; costs order in favour of respondent.
Legal Topics
['development Consent Breach' 'modification Application' 'adjournment of Proceedings' 'costs Orders' 'remedial Works']
['environmental Law' 'planning Law' 'civil Procedure'] ['development Consent Breach' 'modification Application' 'adjournment of Proceedings' 'costs Orders' 'remedial Works']

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Procedural Posture

Civil Enforcement Proceeding / Procedural Ruling on Notice of Motion to Vacate Hearing Dates and Manage Hearing Sequence

Legal Issues

  1. 1 ['Should the Class 4 proceedings be vacated to allow Class 1 proceedings to be heard first?' 'Whether the question of breach and remedy should be heard separately?' 'Responsibility for costs related to the notice of motion to vacate hearing dates']

Ratio Decidendi

The Class 4 proceeding will not be vacated. Issues of breach of the development consent and Environmental Planning and Assessment Act are to be heard and determined separately from remedy or relief. The respondents’ request for adjournment is rejected. Costs for the notice of motion are awarded to the respondent, as the motion was discrete and the hearing dates are maintained.

Court Disposition

Notice of motion to vacate hearing dates refused; hearing to proceed on breach issue only; costs order in favour of respondent.

Orders

  • ['The question of breach of development consent and Environmental Planning and Assessment Act 1979 is to be heard and determined separately from remedy and relief.' 'The question of breach to be heard on 3 and 4 February 2020.' 'Respondents to file and serve amended points of defence by 8 January 2020.' 'Respondents...