Caruana v Central Coast Council [2023] NSWLEC 108

Land and Environment Court New South Wales

Medium Neutral Citation: Caruana v Central Coast Council [2023] NSWLEC 108 Hearing dates: 17 October 2023 Date of orders: 17 October 2023 Decision date: 17 October 2023 Jurisdiction: Class 1 Before: Pain J Decision: In the Applicants' amended Notice of Motion filed in Court on 17 October 2023 the Court orders that: 1. The decision of Deputy Registrar Holm of 6 September 2023 is set aside pursuant to r 49.19 of the Uniform Civil Procedure Rules 2005 (NSW). 2. Pursuant to reg 38(4) of the Environment Planning and Assessment Regulation 2021 (NSW) the Applicants are granted leave to rely on the amended and supplementary plans and reports set out in Annexure A of the Applicants' amended Notice of Motion. 3. The hearing commencing Monday 23 October 2023 is vacated. 4. Pursuant to s 8.15(3) of the Environment Planning and Assessment Act 1979 (NSW) the Applicants are to pay the Respondent's costs thrown away as agreed or assessed. 5. Matter adjourned to the Registrar's list on Friday 20 October 2023 with leave to approach the Online Court beforehand for a date for a section 34 conciliation conference with a preference for one of the previously listed hearing dates of 23-27 October 2023. Catchwords: CIVIL PROCEDURE — review of Registrar's decision Legislation Cited: Environment Planning and Assessment Act 1979 (NSW), ss 4.22, 8.15 Environment Planning and Assessment Regulation 2021 (NSW), reg 38 Uniform Civil Procedure Rules 2005 (NSW), r 49.19 Land and Environment Court Act 1979 (NSW), s 34 Cases Cited: Barr Property and Planning Pty Ltd v Cessnock City Council (2021) 252 LGERA 1; [2021] NSWLEC 108 Benyon v City of Canada Bay [2022] NSWLEC 122 Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292; [2006] NSWLEC 155 Category: Procedural rulings Parties: George Caruana (First Applicant) Julie Caruana (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: J Doyle (Applicants) Not applicable (Respondent)