North Sydney Council v O'Hara [2000] NSWLEC 83

North Sydney Council v O'Hara [2000] NSWLEC 83

A further three months extension will not achieve any different position as no work has been carried out despite best efforts and previous time extension; therefore the extension is futile and must be refused.

Parties
Applicant: North Sydney Council; Respondent: O'Hara
Jurisdiction
Australia
Judgment Date
31 March 2000
Procedural Posture
Motion for Extension of Time / Post Judgment Enforcement/compliance
Outcome
motion dismissed
Legal Topics
Extension of Time for Compliance With Orders
Planning and Environment Extension of Time for Compliance With Orders

Case Brief

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Parties

North Sydney Council

Applicant

O'Hara

Respondent

Procedural Posture

Motion for Extension of Time / Post Judgment Enforcement/compliance

Legal Issues

  1. 1 Whether to grant a further extension of time for compliance with court orders

Ratio Decidendi

A further three months extension will not achieve any different position as no work has been carried out despite best efforts and previous time extension; therefore the extension is futile and must be refused.

Court Disposition

motion dismissed

Orders

  • The respondent's application for a further extension of time is dismissed.
  • Exhibits may be returned.