IRM Property Group (No. 2) Pty Ltd v Blacktown City Council [2021] NSWLEC 1307

Land and Environment Court New South Wales

Medium Neutral Citation: IRM Property Group (No. 2) Pty Ltd v Blacktown City Council [2021] NSWLEC 1307 Hearing dates: 26 May 2021 Date of orders: 28 May 2021 Decision date: 28 May 2021 Jurisdiction: Class 1 Before: Bish C and Speers AC Decision: See orders at [22] Catchwords: PROCEDURE – notice of motion seeking leave to adjourn proceedings – motion dismissed Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58, 66 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 50 Land and Environment Court Act 1979, s38 State Environmental Planning Policy (Western Sydney Employment Area) 2009, cl 29 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Category: Principal judgment Parties: IRM Property Group (No. 2) Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Stafford (Applicant) S Simington (Solicitor) (Respondent)

Solicitors: King & Wood Mallesons (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2020/97606 Publication restriction: No

JudgEment 1. The Applicant seeks the following orders by Notice of Motion, filed 25 May 2021 ('the NoM'): Short service and listing 1 That the Applicant be granted leave to serve this motion on the Respondent on 25 May 2021 or 26 May 2021. 2 That the motion be listed urgently before the Commissioners hearing the matter prior to 27 May 2021. Substantive orders 3 The proceedings be adjourned to 22 June 2021. 4 Any other order that the Court sees fit. 1. For the reasons set out below, we have determined not to exercise discretion and make the orders sought by the Applicant.