Pittwater Council v Martoriati (No 4) [2014] NSWLEC 47

No final decision on the extension request; the matter is being prepared for a hearing. Directions given to facilitate proper evidence presentation at the final hearing.

Parties: Applicant: Pittwater Council; Respondent: Marco Martoriati
Jurisdiction: Australia
Judgment Date: 28 April 2014
Procedural Posture: Class 4 / Motion for Extension of Time, Directions
Outcome: Directions for further evidence and hearing; motion stood over
Legal Topics: Extension of Time, Site Stabilisation, Practice and Procedure

Environmental Law Local Government Law Civil Procedure Extension of Time Site Stabilisation Practice and Procedure

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Parties

Pittwater Council

Applicant

Marco Martoriati

Respondent

Procedural Posture

Class 4 / Motion for Extension of Time, Directions

Legal Issues

1 Whether to grant an extension of time to comply with existing court orders regarding site stabilisation works
2 Adequacy of compliance with previous orders

Ratio Decidendi

No final decision on the extension request; the matter is being prepared for a hearing. Directions given to facilitate proper evidence presentation at the final hearing.

Court Disposition

Directions for further evidence and hearing; motion stood over

Orders

By 5.00pm 1 May 2014, Respondent to serve geotechnical engineer's report in response to letter of 17 February 2014.
By 5.00pm 14 May 2014, Applicant may serve response to said report.