North Sydney Council v O'Hara [2002] NSWLEC 239

Land and Environment Court of New South Wales

CITATION : North Sydney Council v O'Hara [2002] NSWLEC 239 APPLICANT North Sydney Council PARTIES : RESPONDENT Louise O'Hara FILE NUMBER(S) : 40119 of 1999 CORAM: Talbot J KEY ISSUES: Practice and Procedure :- application for adjournment and disqualification LEGISLATION CITED: Local Government Act 1993 s 124 CASES CITED: DATES OF HEARING: 06/12/2002 DATE OF JUDGMENT: 12/11/2002

APPLICANT Mr D R Parry (Barrister) SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT In Person SOLICITORS N/A

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40119 of 1999

Talbot J

11 December 2002 North Sydney Council Applicant v Louise O'Hara Respondent Judgment

Introduction 1 On 6 December 2002 the respondent, Louise O'Hara, made an application to vacate the date set for hearing a notice of motion filed by the applicant, North Sydney Council ("the council"), whereby the council is seeking an order that the respondent pay the applicant's costs of the proceedings. 2 Mrs O'Hara supported her application for an adjournment with an affidavit that itemised the grounds for the adjournment as follows:- 1 I do not have access to relevant documents or the facility to work on the documents 2 I am engaged in pre-arranged commitments in which I am indispensible [sic] . It is impossible to rearrange these commitments. 3 I need to seek work for next year 4 I need to take legal advice. Lawyers whom I have been able to contact are unable to assist at this time.