North Sydney Council v O'Hara [2000] NSWLEC 248

Land and Environment Court of New South Wales

CITATION : North Sydney Council v O'Hara [2000] NSWLEC 248 APPLICANT North Sydney Council PARTIES : RESPONDENT O'Hara FILE NUMBER(S) : 40119 of 1999 CORAM: Cowdroy J KEY ISSUES: Orders :- application for adjournment LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 23/11/00 EX TEMPORE 11/23/2000 JUDGMENT DATE :

APPLICANT Mr P Clay (Barrister)

SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT No appearance

SOLICITORS n/a

JUDGMENT:

IN THE LAND AND MATTER No. 40119 of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 23/11/00

North Sydney Council Applicant v Louise O'Hara Respondent JUDGMENT

1. This matter comes before the Court pursuant to a notice of motion dated 27 October 2000 filed by the respondent, Ms O'Hara. Ms O'Hara has not attended the Court today on the ground of ill health. Ms O'Hara has filed an affidavit which attaches copies of medical certificates. They indicate that Miss O'Hara has been unwell because of a viral infection and that she would be unfit for work from 9 October 2000 to a date which is indecipherable, but which appears to be 8 October 2000.

2. Irrespective of such certificate, on 24 October 2000 Dr Mason examined Miss O'Hara and indicated that he would be further examining her in two weeks from that date. The medical evidence does not suggest that Miss O'Hara has in fact received any treatment for illness. In the event that illness was sought to be regarded as a basis for a further adjournment on the next occasion, the Court regards the evidence as unsatisfactory and insufficient to grant a further adjournment.