Gerondal v Eurobodalla Shire Council (No.3) [2010] NSWLEC 60

Gerondal v Eurobodalla Shire Council (No.3) [2010] NSWLEC 60

The Notice of Motion to vary the list of items for removal was dismissed as the orders were final and the appellant did not advance sufficient grounds for variation or reopening under the applicable legal principles; extension of time for compliance was granted due to personal circumstances.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 April 2010
Procedural Posture
Class 6 Appeal / Hearing of Notice of Motion to Extend Time and Vary Orders
Outcome
Notice of Motion dismissed with partial extension of time granted.
Legal Topics
['application to Extend Time' 'variation of Compliance Orders' 'finality of Court Orders' 'costs']
['environmental Law' 'criminal Law' 'local Government'] ['application to Extend Time' 'variation of Compliance Orders' 'finality of Court Orders' 'costs']

Source-derived case record

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Procedural Posture

Class 6 Appeal / Hearing of Notice of Motion to Extend Time and Vary Orders

Legal Issues

  1. 1 ['Whether the court should grant an extension of time to comply with an order to remove materials from land' 'Whether the court should vary the order to refine the list of items to be removed' 'Whether the orders are final in nature and susceptible to variation or reopening' 'Whether the appellant met the principles for reopening completed proceedings']

Ratio Decidendi

The Notice of Motion to vary the list of items for removal was dismissed as the orders were final and the appellant did not advance sufficient grounds for variation or reopening under the applicable legal principles; extension of time for compliance was granted due to personal circumstances.

Court Disposition

Notice of Motion dismissed with partial extension of time granted.

Orders

  • ["Time for compliance with Order 3 of the court's orders of 25 September 2009 extended to 30 June 2010." 'Prayer 2 regarding variation of items listed in Order 3 dismissed.' "Each party to pay its own costs up to and including 18 April 2010; appellant to pay Council's costs of and incidental to today's hearing."]