Ervin Mahrer and Partners v Strathfield Municipal Council [2001] NSWLEC 228

Land and Environment Court of New South Wales

CITATION : Ervin Mahrer and Partners v Strathfield Municipal Council [2001] NSWLEC 228 APPLICANT: Ervin Mahrer and Partners PARTIES : RESPONDENT: Strathfield Municipal Council FILE NUMBER(S) : 10088 of 2000 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Application to vacate hearing dates fixed for a development appeal-in effect an application to stay Court's interlocutory judgment-Discretionary considerations relevant to application-Application refused. LEGISLATION CITED: Land and Environment Court Act 1979, s 59 CASES CITED: DATES OF HEARING: 11 September 2001 EX TEMPORE JUDGMENT DATE : 09/11/2001

APPLICANT: Mr C Ireland, Solicitor SOLICITORS Blake Dawson Waldron LEGAL REPRESENTATIVES: RESPONDENT: Mr C Leggat, Barrister SOLICITORS PricewaterhouseCoopers Legal

JUDGMENT:

IN THE LAND AND Matter No. 10088 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 11 September 2001

ERVIN MAHRER AND PARTNERS

Applicant

v

STRATHFIELD MUNICIPAL COUNCIL

Respondent

JUDGMENT

Bignold J:

1. This is a Motion brought by the Council filed on 24 August this year, to vacate fixed hearing dates for Class 1 proceedings which were fixed by the Registrar of the Court on 22 August 2001 for the 10th, 11th, 12th, 13th, 14th and 17 December 2001.

2. Additionally the Motion seeks an order that the proceedings be not granted a further hearing until the Court of Appeal proceedings in the matter are fully disposed of. In effect, the Council seeks a stay of the proceedings generally or more particularly of my interlocutory judgment delivered on 29 June 2001.