ALLEN and ORS v BEGA VALLEY COUNCIL SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL MAHONEY JA 26 September 1994 [1994] NSWCA 5 Mahoney JA This is an application which comes before me as a matter of urgency following the making of orders on 19 August 1994 in the Land and Environment Court. The orders involved - and I shall limit what I say to the matters essential to the present application - that the respondents restore the relevant land to the same general condition that it was in prior to the carrying out of the development in question, ie, for the purpose of a caravan park, and to the erection of the buildings on land referred to in the orders. There is no evidence before me formally as to the work that would be involved or the cost of that work, but it appears to be assumed that these would be not insignificant. The case involves a number of points arising under the Environmental Planning and Assessment Act and local planning instruments; no doubt there are other matters involved. It is estimated that the hearing of the matter on appeal would take some two to three days. An application that has been made for a stay of the orders pending the hearing of the appeal. As I have said the carrying out of the orders requiring restoration of the land would, as I shall assume from what has been said though in the absence of the specific evidence, involve not insignificant work and cost. In the context, it would appear appropriate that some stay be granted. The difficulty is in granting expedition of the appeal. The appeal will be, as I have said, an appeal involving two or three days and no doubt there will be significant costs in preparation of the appeal papers. It is accepted that an order for a stay should be granted - at least I think it is not opposed - provided an appropriate order be made for expedition. I do not mean by this that the parties have agreed to the order. But subject to an order for expedition counsel have indicated that the grant of the stay is appropriate. I have hesitated significantly in relation to this matter, but in all the circumstances I have concluded that it is appropriate that an order for expedition be granted. I will make a particular order, namely, that the matter be referred to the Registrar to fix a date in December when the appeals are to be heard. There are, I understand, some dates yet available in December and parties will be required to take such dates in December as may be allotted to them. The parties should consult with the Registrar during the present week. They may discuss with him the dates in question, but they are to take the dates which in the end are allocated to them. I am afraid there will be no alternative to that. The Registrar will also then give directions as to preparation of the appeal papers. The parties are to comply with the directions as to the preparation of the appeal papers. If these directions are not complied with, then it will be open to either party to apply to the court to make such further or other orders in the appeal as may be appropriate. 2 UNREPORTED JUDGMENTS Parties are agreed the appropriate order in respect of costs is that the costs of the present application will be costs in the appeal. I mean by the present application both the application for a stay and the application for expedition. Those orders will cover the papers that have been placed before me. It is appropriate, as I have said, that a stay be granted in the meantime. The stay will be a stay until the hearing of the appeal or further order. The order that I have stayed is order 2 made by the trial judge. They are the orders the Court makes. Orders accordingly.