Stockland Development Pty Limited v Manly Council [2009] NSWLEC 159

Stockland Development Pty Limited v Manly Council [2009] NSWLEC 159

Given the unchallenged and unanswered evidence of potential significant financial loss to Stockland, and acting in accordance with the dictates of justice and the overriding purpose of civil procedure, the order for expedition was granted.

Jurisdiction
Australia
Judgment Date
09 September 2009
Procedural Posture
Notice of Motion in Class 1 Appeal / Interlocutory Application for Expedition
Outcome
Order for expedition granted
Legal Topics
['application for Expedition' 'case Management' 'subdivision Certificate' 'urgent Hearing']
['practice and Procedure'] ['application for Expedition' 'case Management' 'subdivision Certificate' 'urgent Hearing']

Case Brief

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Procedural Posture

Notice of Motion in Class 1 Appeal / Interlocutory Application for Expedition

Legal Issues

  1. 1 ['Whether the appeal should be expedited pending hearing of the class 1 appeal against deemed refusal of a subdivision certificate']

Ratio Decidendi

Given the unchallenged and unanswered evidence of potential significant financial loss to Stockland, and acting in accordance with the dictates of justice and the overriding purpose of civil procedure, the order for expedition was granted.

Court Disposition

Order for expedition granted

Orders

  • ['The appeal be expedited.' 'The appeal be set down for hearing for two days on 29 and 30 September 2009.' 'Orders made in accordance with the short minutes of order handed up as amended and filed.']