Chin v Lane Cove Council (No 3) [2009] NSWLEC 1196

Chin v Lane Cove Council (No 3) [2009] NSWLEC 1196

The Commissioner held the Court could not determine the question of costs, which was properly the Registrar’s function, but could modify compliance dates. Parties having agreed, the date for compliance was deferred to allow 60 days from 26 May 2009.

Jurisdiction
Australia
Judgment Date
26 May 2009
Procedural Posture
Notice of Motion in Modification Application / Interlocutory Hearing on Costs and Compliance Period
Outcome
Application to defer compliance date granted as modified; no determination on costs; order on costs left to Registrar.
Legal Topics
['modification Application' 'costs' 'compliance With Court Orders' 'deferral of Compliance Date']
['planning and Environment'] ['modification Application' 'costs' 'compliance With Court Orders' 'deferral of Compliance Date']

Case Brief

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Procedural Posture

Notice of Motion in Modification Application / Interlocutory Hearing on Costs and Compliance Period

Legal Issues

  1. 1 ['Whether the Court has power to determine costs in this context' 'Whether the date for compliance with previous orders should be deferred']

Ratio Decidendi

The Commissioner held the Court could not determine the question of costs, which was properly the Registrar’s function, but could modify compliance dates. Parties having agreed, the date for compliance was deferred to allow 60 days from 26 May 2009.

Court Disposition

Application to defer compliance date granted as modified; no determination on costs; order on costs left to Registrar.

Orders

  • ["The second item in the Notice of Motion filed on 12 May 2009 is modified and granted as follows: Order 2 of the Judgment dated 22 April 2009 (as modified from 12 September 2008) is further modified by deleting the original date and inserting '26 May 2009'."]