North Sydney Council v O'Hara [2000] NSWLEC 83

Land and Environment Court of New South Wales

CITATION : North Sydney Council v O'Hara [2000] NSWLEC 83 APPLICANT North Sydney Council PARTIES : RESPONDENT O'Hara FILE NUMBER(S) : 40119 of 1999 CORAM: Cowdroy J KEY ISSUES: Orders :- Application for extension of time for compliance with orders LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 31/3/00 EX TEMPORE 03/31/2000 JUDGMENT DATE :

APPLICANT Ms S Duggan

SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT In person

SOLICITORS n/a

JUDGMENT:

IN THE LAND AND MATTER No. 40119 of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 31/3/00

North Sydney Council Applicant v O'Hara Respondent JUDGMENT

1. In this matter the Court, on 29 November 1999, made orders and declarations concerning the carrying out of work which was necessary at the applicant's premises. The history concerning that work and of previous orders is set out in the judgment of the court delivered on 29 November 1999.

2. To enable the applicant in the motion, that is the respondent to the proceedings, Ms O'Hara, a final opportunity to carry out the work of her own volition rather than have the council cause the work to be done, the Court postponed orders from 29 November until 15 April 2000. The Court also ordered that in the event the respondent sought to extend the time for compliance she was required to file a notice of motion by 1 March 2000. Ms O'Hara filed a notice of motion on 1 March 2000 seeking an extension of time. The evidence discloses that since 29 November 1999 she has undertaken a great amount of work in endeavouring to obtain quotations for the work and to have the work carried out. An exercise book has been tendered in evidence which deals with her efforts since that date.