Mackycorp Pty Ltd v Lismore City Council [2024] NSWLEC 1485

Land and Environment Court New South Wales

Medium Neutral Citation: Mackycorp Pty Ltd v Lismore City Council [2024] NSWLEC 1485 Hearing dates: 8 August 2024 Date of orders: 08 August 2024 Decision date: 08 August 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Short service of the applicant's notice of motion filed 6 August 2024 is granted. (2) Order 1 of the directions made by the senior deputy registrar on 19 February 2024 listing the proceedings for hearing on 12 to 16 August is vacated. (3) Order 3 of the directions of the senior deputy registrar on 22 July 2024 (requiring evidence in reply from the applicant) is vacated. (4) The applicant's notice of motion filed on 30 July 2024 is not granted. (5) The second respondent is directed to respond to the applicant's request for further and better particulars (dated 7 August 2024) by 4pm 26 August 2024. (6) The applicant is to provide the first and second respondents with an outline of the intended work to be undertaken by the anthropological expert by 4pm 18 September 2024. (7) The matter is listed for case management at 4pm on 26 September 2024, at or prior to which the parties are to indicate any requests for further orders. The first respondent is granted leave to attend via AVL. Catchwords: PRACTICE AND PROCEDURE – notice of motion – application to vacate hearing dates Cases Cited: Hamod v State of New South Wales and Anor [2011] NSWCA 375 Jiang v Sydney Metro [2023] NSWLEC 126 Kenoss Pty Ltd v Palerang Council [2013] NSWCA 174 Category: Procedural rulings Parties: Mackycorp Pty Ltd (Applicant) Lismore City Council (First Respondent) Michael Ryan (Second Respondent) Representation: Counsel: G Farland (Applicant) M Caban (Solicitor) (First Respondent) R White (Second Respondent)