Richmond Valley Council v Ison [2011] NSWLEC 142

Richmond Valley Council v Ison [2011] NSWLEC 142

In light of the respondent's personal, financial, and medical circumstances, as well as recent receipt of new information affecting the substance of the matter, and to facilitate the just resolution of the proceedings in accordance with the Civil Procedure Act 2005, the hearing should be vacated, subject to the...

Source-derived case information.

Parties
Applicant: Richmond Valley Council; Respondent: Rodney Harold Ison
Jurisdiction
Australia
Judgment Date
12 August 2011
Procedural Posture
Class 4 / Application to Vacate Hearing Date / Procedural Ruling
Outcome
Hearing date vacated; proceedings stood over; costs order for applicant
Legal Topics
Vacation of Hearing, Development Application, Demolition Order, Procedural Costs
Civil Procedure Planning Law Vacation of Hearing Development Application Demolition Order Procedural Costs

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Parties

Richmond Valley Council

Applicant

Rodney Harold Ison

Respondent

Procedural Posture

Class 4 / Application to Vacate Hearing Date / Procedural Ruling

Legal Issues

  1. 1 Whether the hearing should be vacated due to the respondent's ill health and recent information affecting his position
  2. 2 Whether an order for costs thrown away is appropriate

Ratio Decidendi

In light of the respondent's personal, financial, and medical circumstances, as well as recent receipt of new information affecting the substance of the matter, and to facilitate the just resolution of the proceedings in accordance with the Civil Procedure Act 2005, the hearing should be vacated, subject to the respondent lodging a development application by 16 September 2011 and paying the applicant's costs thrown away.

Court Disposition

Hearing date vacated; proceedings stood over; costs order for applicant

Orders

  • The hearing date is vacated.
  • The respondent is to lodge with the council a development application in respect of any proposed development on the property by no later than 16 September 2011.