Sell and Parker Proprietary Limited v Auto-recyclers Pty Limited T/as Pick'n Payless Self Serve Auto Parts [2019] NSWLEC 36

Sell and Parker Proprietary Limited v Auto-recyclers Pty Limited T/as Pick'n Payless Self Serve Auto Parts [2019] NSWLEC 36

The Notice of Motion to vacate hearing dates was dismissed because public safety matters were not adequately addressed; evidence relating to safety measures was erroneous or incomplete, and no appropriate early dates for deferred hearing were available.

Jurisdiction
Australia
Judgment Date
28 March 2019
Procedural Posture
Judicial Review Proceedings / Notice of Motion to Vacate Hearing Dates
Outcome
Notice of Motion dismissed; costs reserved
Legal Topics
['vacate Hearing' 'development Applications' 'public Safety Risks']
['planning and Environment'] ['vacate Hearing' 'development Applications' 'public Safety Risks']

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Procedural Posture

Judicial Review Proceedings / Notice of Motion to Vacate Hearing Dates

Legal Issues

  1. 1 ['Whether hearing dates should be vacated in light of pending development application' "Whether public safety risks on respondent's site were adequately addressed"]

Ratio Decidendi

The Notice of Motion to vacate hearing dates was dismissed because public safety matters were not adequately addressed; evidence relating to safety measures was erroneous or incomplete, and no appropriate early dates for deferred hearing were available.

Court Disposition

Notice of Motion dismissed; costs reserved

Orders

  • ['Notice of Motion dismissed' 'Costs reserved before Moore J']