Gosford City Council v Verde Terra Pty Ltd (No 3) [2013] NSWLEC 163

Gosford City Council v Verde Terra Pty Ltd (No 3) [2013] NSWLEC 163

Because the applicant and the first and third respondents had entered into confidential heads of agreement intended to resolve the dispute, proposed regulatory steps were to occur before final Court orders, and the other respondents did not oppose the request, the Court acceded to the request to vacate the 12-day hearing and stand the matter over for final orders.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Class 4 / Oral Motion to Vacate Hearing Dates and Stand the Matter Over for Final Orders
Outcome
Hearing dates vacated; matter stood over for making final orders.
Legal Topics
['application to Vacate Hearing Dates' 'settlement Heads of Agreement' 'development Consent for Waste Facility and Golf Course Remodelling' 'declaratory and Injunctive Relief']
['practice and Procedure' 'environmental Planning and Protection'] ['application to Vacate Hearing Dates' 'settlement Heads of Agreement' 'development Consent for Waste Facility and Golf Course Remodelling' 'declaratory and Injunctive Relief']

Case Brief

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Procedural Posture

Class 4 / Oral Motion to Vacate Hearing Dates and Stand the Matter Over for Final Orders

Legal Issues

  1. 1 ['Whether the hearing dates listed for 12 days commencing on 30 September 2013 should be vacated in light of confidential heads of agreement intended to resolve the dispute.' 'Whether the matter should be stood over for making final orders after proposed steps involving Environment Protection Authority NSW approval of an amended LEMP and LMP.']

Ratio Decidendi

Because the applicant and the first and third respondents had entered into confidential heads of agreement intended to resolve the dispute, proposed regulatory steps were to occur before final Court orders, and the other respondents did not oppose the request, the Court acceded to the request to vacate the 12-day hearing and stand the matter over for final orders.

Court Disposition

Hearing dates vacated; matter stood over for making final orders.

Orders

  • ['The hearing dates set down for 12 days commencing on 30 September 2013 are vacated.' 'The matter is stood over for the purpose of making final orders to a day in the last week of term in 2013, if possible before Justice Biscoe.' 'The parties are to approach the Registry within 48 hours to fix that date.']