Frevcourt Pty Ltd and Ors v Wingecarribee Shire Council (No. 2) [2003] NSWLEC 304

Frevcourt Pty Ltd and Ors v Wingecarribee Shire Council (No. 2) [2003] NSWLEC 304

The proceedings should be adjourned because proceeding on disputed factual and accounting issues would be inefficient; significant issues require thorough investigation, and facts should be agreed or clarified before substantive hearing.

Jurisdiction
Australia
Judgment Date
28 November 2001
Procedural Posture
Practice and Procedure / Adjournment Application
Outcome
Adjournment granted
Legal Topics
['adjournment of Proceedings' 'factual Agreement in Litigation' 'section 94 Ep&a Act']
['environmental Law' 'civil Procedure'] ['adjournment of Proceedings' 'factual Agreement in Litigation' 'section 94 Ep&a Act']

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Procedural Posture

Practice and Procedure / Adjournment Application

Legal Issues

  1. 1 ['Whether the proceedings should be adjourned to allow further consideration of newly available financial and accounting evidence relevant to s 94 of the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The proceedings should be adjourned because proceeding on disputed factual and accounting issues would be inefficient; significant issues require thorough investigation, and facts should be agreed or clarified before substantive hearing.

Court Disposition

Adjournment granted

Orders

  • ['The proceedings be adjourned noting that no specific prejudice is caused to the applicants.' 'The parties approach the Registrar forthwith to obtain fresh hearing dates for the matter, and the judge is not to be regarded as necessarily part heard.' 'The adjournment is granted on the understanding that the parties...