North Sydney Council v O'Hara [2003] NSWLEC 105

North Sydney Council v O'Hara [2003] NSWLEC 105

The application to vacate the hearing date is refused in order to prevent further delays, but a change to the timetable for filing and serving evidence is permitted to give the respondent a little more preparation time, as suggested by the applicant.

Parties
Applicant: North Sydney Council; Respondent: O'Hara
Jurisdiction
Australia
Judgment Date
18 March 2003
Procedural Posture
Application / Interlocutory Hearing for Vacation of Hearing Date and Timetable Amendment
Outcome
Application to vacate hearing date dismissed; timetable for filing and service of evidence amended.
Legal Topics
Vacation of Hearing Date, Amendment of Timetable, Costs Application
Practice and Procedure Vacation of Hearing Date Amendment of Timetable Costs Application

Case Brief

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Parties

North Sydney Council

Applicant

O'Hara

Respondent

Procedural Posture

Application / Interlocutory Hearing for Vacation of Hearing Date and Timetable Amendment

Legal Issues

  1. 1 Whether the hearing date of 22 April 2003 should be vacated
  2. 2 Whether the timetable for filing and serving evidence should be amended

Ratio Decidendi

The application to vacate the hearing date is refused in order to prevent further delays, but a change to the timetable for filing and serving evidence is permitted to give the respondent a little more preparation time, as suggested by the applicant.

Court Disposition

Application to vacate hearing date dismissed; timetable for filing and service of evidence amended.

Orders

  • The prayer seeking vacating of the date of hearing is dismissed.
  • The respondent is to file and serve the evidence upon which she relies regarding costs by 4pm on 1 April 2003.