Wollondilly Shire Council v Antoun [2010] NSWLEC 154

Wollondilly Shire Council v Antoun [2010] NSWLEC 154

Because the property is now in the possession of the Bank as mortgagee in possession, the relief sought against the original respondents may no longer be effective or appropriate. The Bank, as a subsequent owner, has a legitimate expectation of being heard regarding the structures. To ensure procedural fairness and the ‘just, quick and cheap’ determination of the real issues, the hearing dates should be vacated and the matter relisted after the Bank has had an opportunity to respond.

Jurisdiction
Australia
Judgment Date
16 August 2010
Procedural Posture
Class 4 Proceedings / Application to Vacate Hearing Dates
Outcome
Hearing dates vacated; costs reserved; relisted for further case management.
Legal Topics
['application to Vacate Hearing' 'mortgagee in Possession' 'procedural Fairness' 'unlawful Structures' 'joinder of Parties']
['planning and Environment Law' 'civil Procedure'] ['application to Vacate Hearing' 'mortgagee in Possession' 'procedural Fairness' 'unlawful Structures' 'joinder of Parties']

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Procedural Posture

Class 4 Proceedings / Application to Vacate Hearing Dates

Legal Issues

  1. 1 ['Whether hearing dates should be vacated due to change in property ownership to a mortgagee in possession' 'Whether relief sought against original respondents remains appropriate' 'Whether Bank as mortgagee in possession is entitled to procedural fairness']

Ratio Decidendi

Because the property is now in the possession of the Bank as mortgagee in possession, the relief sought against the original respondents may no longer be effective or appropriate. The Bank, as a subsequent owner, has a legitimate expectation of being heard regarding the structures. To ensure procedural fairness and the ‘just, quick and cheap’ determination of the real issues, the hearing dates should be vacated and the matter relisted after the Bank has had an opportunity to respond.

Court Disposition

Hearing dates vacated; costs reserved; relisted for further case management.

Orders

  • ['The hearing dates of 17 and 18 August 2010 are vacated.' 'Costs of this application are reserved.' 'The matter is set down for further case management at 9.30 am on 31 August 2010.']