Mosman Municipal Council v IPM Pty Ltd [2015] NSWLEC 102

Mosman Municipal Council v IPM Pty Ltd [2015] NSWLEC 102

The hearing dates were vacated because the Council's retained senior counsel was unavailable due to acute illness, had been involved for months and prepared the written submissions, no alternative senior counsel was available, the proceedings raised important issues of law and fact, and the active respondents did not oppose vacation and would suffer no additional prejudice from the later mutually convenient hearing date.

Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Class 4 Proceedings / Motion to Vacate Hearing Dates and Extend Time for Compliance With Directions
Outcome
Application granted; hearing vacated and refixed; time for compliance with directions extended; costs reserved.
Legal Topics
['application to Vacate Hearing Dates' 'counsel Unavailable Due to Illness' 'extension of Time for Compliance With Directions' 'complying Development Certificate' 'development Consent']
['practice and Procedure' 'environmental Planning and Assessment'] ['application to Vacate Hearing Dates' 'counsel Unavailable Due to Illness' 'extension of Time for Compliance With Directions' 'complying Development Certificate' 'development Consent']

Case Brief

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Procedural Posture

Class 4 Proceedings / Motion to Vacate Hearing Dates and Extend Time for Compliance With Directions

Legal Issues

  1. 1 ['Whether the three day hearing fixed to commence on 23 June 2015 should be vacated because senior counsel briefed by the applicant was unavailable due to illness and alternative senior counsel was unavailable.' "Whether the proceedings should be refixed for dates convenient to both sides' senior counsel or for earlier dates convenient only to the respondents' senior counsel." 'Whether time should be extended for compliance with Orders 4, 5 and 6 made on 16 June 2015.']

Ratio Decidendi

The hearing dates were vacated because the Council's retained senior counsel was unavailable due to acute illness, had been involved for months and prepared the written submissions, no alternative senior counsel was available, the proceedings raised important issues of law and fact, and the active respondents did not oppose vacation and would suffer no additional prejudice from the later mutually convenient hearing date.

Court Disposition

Application granted; hearing vacated and refixed; time for compliance with directions extended; costs reserved.

Orders

  • ['Vacate the hearing of the proceedings fixed to commence on Tuesday 23 June 2015.' 'Fix the proceedings for a three day hearing commencing on Monday 31 August 2015.' 'Extend time for compliance with Orders 4, 5 and 6 made on 16 June 2015 to 4.00pm on 25 June 2015.' 'Costs on the Motion are reserved.']