Ajvadi v Wicks [2023] NSWLEC 145

Land and Environment Court New South Wales

Medium Neutral Citation: Ajvadi v Wicks [2023] NSWLEC 145 Hearing dates: 14 December 2023 Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Class 4 Before: Pritchard J Decision: The Court makes the following orders and directions: (1) The first respondent's notice of motion is dismissed. (2) The parties to approach the Registrar no later than by 4:00pm on Monday, 18 December 2023 with a view of seeking hearing dates to be fixed no earlier than April 2024 for a duration of two days. (3) The parties to confer and seek to agree short minutes of order for the preparation of the hearing on the dates obtained from the Registrar, and to seek those short minutes of order via Online Court by 12:00pm on Wednesday, 20 December 2023. (4) The matter is listed for directions for the purpose of providing an update to the Court on the progress of the matter on Friday, 9 February 2024. (5) Liberty to apply on three days' notice. (6) Costs in the cause. Catchwords: NOTICE OF MOTION – adjournment pursuant to s 9.46(3)(a) of the Environmental Planning and Assessment Act 1979 (NSW) or stay of proceedings pursuant to s 67 of the Civil Procedure Act 2005 (NSW) – dictates of justice – matter to proceed to final hearing – motion dismissed. Legislation Cited: Civil Procedure Act 2005 (NSW) ss 58, 59, 67 Environmental Planning and Assessment Act 1979 (NSW) s 9.64(3)(a) Cases Cited: Diab v Cavasinni [2019] NSWLEC 204 Byron Shire Council v Master Alchemy Pty Ltd [2020] NSWLEC 12 Texts Cited: Nil Category: Procedural rulings Parties: Dr Fayavar Ajvadi (First Applicant) Dr Shohreh Rezai (Second Applicant) Michael Wicks (First Respondent) Northern Beaches Council (Second Respondent) Representation: Counsel: M Seymour SC (Applicants) M Astill (First Respondent) Submitting appearance (Second Respondent)