Hunter Community Environment Centre Inc v Minister for Planning [2011] NSWLEC 40

Hunter Community Environment Centre Inc v Minister for Planning [2011] NSWLEC 40

The hearing dates were vacated because earlier proceedings challenging related Ministerial decisions had judgment reserved, judgment was not expected before the listed hearing dates, and there was overlap between the facts and substantial issues in the earlier proceedings and these proceedings, providing good reason for submissions and hearing to await the earlier judgment.

Jurisdiction
Australia
Judgment Date
11 March 2011
Procedural Posture
Class 4 / Motion by the First Respondent to Vacate Hearing Dates
Outcome
Motion granted; hearing dates vacated.
Legal Topics
['application to Vacate Hearing Dates' 'critical Infrastructure Declaration' 'project Approval' 'part 3 a Environmental Planning and Assessment Act 1979']
['practice and Procedure' 'environmental Planning'] ['application to Vacate Hearing Dates' 'critical Infrastructure Declaration' 'project Approval' 'part 3 a Environmental Planning and Assessment Act 1979']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 / Motion by the First Respondent to Vacate Hearing Dates

Legal Issues

  1. 1 ['Whether the hearing dates of 31 March and 1 April 2011 should be vacated pending judgment in earlier related proceedings.']

Ratio Decidendi

The hearing dates were vacated because earlier proceedings challenging related Ministerial decisions had judgment reserved, judgment was not expected before the listed hearing dates, and there was overlap between the facts and substantial issues in the earlier proceedings and these proceedings, providing good reason for submissions and hearing to await the earlier judgment.

Court Disposition

Motion granted; hearing dates vacated.

Orders

  • ['The hearing dates of 31 March and 1 April 2011 are vacated.' 'Parties are to promptly re-list these proceedings for directions after judgment is delivered in the earlier proceedings 40423/10 and 40424/10, and in any event are to list these proceedings for directions by no later than 29 April 2011.']