Mackycorp Pty Ltd v Lismore City Council [2024] NSWLEC 1485

Mackycorp Pty Ltd v Lismore City Council [2024] NSWLEC 1485

The hearing dates were vacated because the combination of the first respondent removing its Aboriginal cultural heritage contention, the second respondent's joinder, the second respondent's statement of facts and contentions, and the second respondent's recent evidence created a new and particular case against the applicant. A just resolution required the applicant to have a reasonable opportunity to respond, including through anthropological investigation, and that opportunity would not be available if the existing hearing dates were maintained. The applicant's prejudice outweighed the prejudice from delay and the impact on the Court's list.

Jurisdiction
Australia
Judgment Date
08 August 2024
Procedural Posture
Class 1 Proceedings / Notice of Motion Seeking Vacation of Hearing Dates
Outcome
The applicant's motion filed 6 August 2024 was granted in substance by vacating the August hearing dates; the applicant's notice of motion filed 30 July 2024 was not granted and further case management directions were made.
Legal Topics
['notice of Motion' 'vacation of Hearing Dates' 'adjournment' 'case Management' 'aboriginal Cultural Heritage Evidence']
['practice and Procedure' 'land and Environment Court Proceedings'] ['notice of Motion' 'vacation of Hearing Dates' 'adjournment' 'case Management' 'aboriginal Cultural Heritage Evidence']

Case Brief

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Procedural Posture

Class 1 Proceedings / Notice of Motion Seeking Vacation of Hearing Dates

Legal Issues

  1. 1 ['Whether the hearing dates listed for 12 to 16 August 2024 should be vacated.' "Whether the applicant would suffer prejudice if required to proceed without a reasonable opportunity to respond to the second respondent's recently filed Aboriginal cultural heritage material." "How the prejudice to the parties and the administration of the Court's list should be balanced."]

Ratio Decidendi

The hearing dates were vacated because the combination of the first respondent removing its Aboriginal cultural heritage contention, the second respondent's joinder, the second respondent's statement of facts and contentions, and the second respondent's recent evidence created a new and particular case against the applicant. A just resolution required the applicant to have a reasonable opportunity to respond, including through anthropological investigation, and that opportunity would not be available if the existing hearing dates were maintained. The applicant's prejudice outweighed the prejudice from delay and the impact on the Court's list.

Court Disposition

The applicant's motion filed 6 August 2024 was granted in substance by vacating the August hearing dates; the applicant's notice of motion filed 30 July 2024 was not granted and further case management directions were made.

Orders

  • ["Short service of the applicant's notice of motion filed 6 August 2024 is granted." 'Order 1 of the directions made by the senior deputy registrar on 19 February 2024 listing the proceedings for hearing on 12 to 16 August is vacated.' 'Order 3 of the directions of the senior deputy registrar on 22 July 2024...