Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 6) [2013] NSWLEC 143

Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 6) [2013] NSWLEC 143

The Foxman entities did not provide sufficient evidence of prejudice or unfairness that would result from immediate entry of the 22 May 2013 orders; the Court is entitled and required to enter those orders forthwith given no demonstrated basis for a stay.

Jurisdiction
Australia
Judgment Date
06 September 2013
Procedural Posture
Notice of Motion in Ongoing Class 4 Proceedings / Application to Stay Entry of Earlier Court Orders
Outcome
Notice of motion dismissed with costs. Orders of 22 May 2013 to be entered forthwith.
Legal Topics
['entry of Orders' 'stay of Proceedings' 'variation of Orders']
['practice and Procedure'] ['entry of Orders' 'stay of Proceedings' 'variation of Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion in Ongoing Class 4 Proceedings / Application to Stay Entry of Earlier Court Orders

Legal Issues

  1. 1 ["Whether there is a basis to stay entry of the Court's orders made on 22 May 2013" "Whether entry of orders would cause unfair prejudice to the respondents' applications to vary those orders"]

Ratio Decidendi

The Foxman entities did not provide sufficient evidence of prejudice or unfairness that would result from immediate entry of the 22 May 2013 orders; the Court is entitled and required to enter those orders forthwith given no demonstrated basis for a stay.

Court Disposition

Notice of motion dismissed with costs. Orders of 22 May 2013 to be entered forthwith.

Orders

  • ['Notice of motion dismissed with costs.' 'Court directs that the orders made on 22 May 2013 are to be entered forthwith.']