Bennette v Byron Shire Council [2000] NSWLEC 22

Land and Environment Court of New South Wales

CITATION : Bennette v Byron Shire Council [2000] NSWLEC 22 APPLICANT: Jerry L Bennette PARTIES : RESPONDENT: Byron Shire Council FILE NUMBER(S) : 10216 of 1997 CORAM: Talbot J KEY ISSUES: Practice & Procedure :- vacation of hearing dates LEGISLATION CITED: CASES CITED: DATES OF HEARING: 21/01/2000 EX TEMPORE 01/21/2000 JUDGMENT DATE :

APPLICANT: Mr D Miller (Barrister) SOLICITORS: Hertzberg Heydon LEGAL REPRESENTATIVES: RESPONDENT: Mr T Robertson (Barrister) SOICITORS: Wilshire Webb

JUDGMENT: IN THE LAND AND Matter No. 10216 of 1997 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 21 January 2000

Jerry L Bennette Applicant v Byron Shire Council Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. HIS HONOUR: Mr Miller has done the best that he can in the circumstances, but unfortunately his instructions do not extend to providing any grounds for an adjournment. This is the afternoon of the day before the matter has been set down for hearing for the third occasion outside Sydney. The hearing necessitates the Court dispatching a Commissioner to Byron Bay with the prospect of being there for a week, then only to be met by an application for adjournment at 10.00am on Monday. That prospect, in itself, is totally unacceptable so far as the administration of the court's business is concerned. The Commissioner can be gainfully employed in a busy list in Sydney and in fact will be so in the event that this hearing is vacated. There are other cases that demand the time of a Commissioner waiting to be heard next week which otherwise, as I understand the list, will be transferred to a vacation judge for hearing.