Blacktown City Council v Wilkie & Ors [2001] NSWLEC 90

Land and Environment Court of New South Wales

CITATION : Blacktown City Council v Wilkie & Ors [2001] NSWLEC 90 APPLICANT: Blacktown City Council PARTIES : RESPONDENTS Wilkie and Ors. FILE NUMBER(S) : 40025 of 2001 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- Review of Registrar's decision fixing hearing dates LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 4 r 9 CASES CITED: DATES OF HEARING: 9 May 2001 DATE OF JUDGMENT: 05/10/2001

APPLICANT: Mr T O'Connor, Solicitor SOLICITORS Houston Dearn O'Connor

1ST RESPONDENT LEGAL REPRESENTATIVES: N/A SOLICITORS N/A 2ND & 3RD RESPONDENTS Mr M Fraser, Barrister SOLICITORS Mackintoshs

JUDGMENT:

IN THE LAND AND Matter No. 40025 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 10 May 2001

BLACKTOWN CITY COUNCIL

Applicant

v

M. WILKIE

First Respondent

M REID T/AS GRAVEYARD RECYCLING and also t/as THE GRAVEYARD RECYCLING

Second Respondent

GRAVEYARD RECYCLING PTY LTD

Third Respondent

JUDGMENT ON NOTICE OF MOTION

Bignold J:

1. By their Notice of Motion filed 30 April 2001, the second and third Respondents seek review of the decision of the Registrar fixing 4 and 5 June 2001 as the hearing dates for the pending class 4 application in which the Applicant (the Council) claims prohibitory and mandatory injunctive relief against the Respondents' use of land known as part lot 2 DP 781151, situate at the corner of Grange Avenue and Riverstone Rd, Marsden Park. The Motion invokes the jurisdiction vested in the Court by Part 3 r 9 of the Rules of Court.