North Sydney Council v O'Hara [2001] NSWLEC 286

North Sydney Council v O'Hara [2001] NSWLEC 286

Having regard to the history of the matter and the positions of both parties, the Court accepted that Ms O'Hara genuinely believed she could complete the works by 15 February 2002, but considered that any further extension should be made in a final self-executing manner. Orders 7, 10 and 11 made on 18 July 2001 were therefore varied by replacing the relevant dates with 15 February 2002 and 30 March 2002.

Jurisdiction
Australia
Judgment Date
27 November 2001
Procedural Posture
Injunctions and Declarations / Notice of Motion for Variation of Final Orders
Outcome
Orders 7, 10 and 11 made on 18 July 2001 varied; costs on the notice of motion reserved; otherwise outstanding notices of motion dismissed.
Legal Topics
['variation of Final Orders' 'injunctions and Declarations' 'completion of Works' 'costs Reserved']
['land and Environment' 'civil Procedure'] ['variation of Final Orders' 'injunctions and Declarations' 'completion of Works' 'costs Reserved']

Case Brief

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Procedural Posture

Injunctions and Declarations / Notice of Motion for Variation of Final Orders

Legal Issues

  1. 1 ['Whether orders 7, 10 and 11 made on 18 July 2001 should be varied to extend the dates for completion of works and related steps.' 'Whether the matter should be dealt with in a final self-executing manner.' 'What should happen to outstanding notices of motion and subpoenas.']

Ratio Decidendi

Having regard to the history of the matter and the positions of both parties, the Court accepted that Ms O'Hara genuinely believed she could complete the works by 15 February 2002, but considered that any further extension should be made in a final self-executing manner. Orders 7, 10 and 11 made on 18 July 2001 were therefore varied by replacing the relevant dates with 15 February 2002 and 30 March 2002.

Court Disposition

Orders 7, 10 and 11 made on 18 July 2001 varied; costs on the notice of motion reserved; otherwise outstanding notices of motion dismissed.

Orders

  • ['The dates of 11 October 2001 in order 7 and 25 October 2001 in order 10 are varied to 15 February 2002.' 'The date in order 11 is varied to 30 March 2002.' 'Costs on this notice of motion are reserved.' 'Otherwise the outstanding notices of motion are dismissed.']