Greenfields Mountain Pty Limited v Byron Shire Council [2002] NSWLEC 229

Land and Environment Court of New South Wales

CITATION : Greenfields Mountain Pty Limited v Byron Shire Council [2002] NSWLEC 229 APPLICANT Greenfields Mountain Pty Limited PARTIES : RESPONDENT Byron Shire Council FILE NUMBER(S) : 10929 of 2000 CORAM: Talbot J KEY ISSUES: Practice and Procedure :- vacation of hearing dates - setting matter down as a special fixture LEGISLATION CITED: Land and Environment Court Rules 1979 National Parks and Wildlife Act 1974 CASES CITED: DATES OF HEARING: 10/09/2002 EX TEMPORE JUDGMENT DATE : 09/10/2002

APPLICANT Mr J J Webster (Barrister) SOLICITORS Stacks the Law Firm with Halliday & Stainlay LEGAL REPRESENTATIVES: RESPONDENT Mr S M Berveling (Solicitor) SOLICITORS Abbott Tout

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10929 of 2000

Talbot J

10 September 2002 Greenfields Mountain Pty Limited Applicant v Byron Shire Council Respondent Judgment

Introduction 1 HIS HONOUR: It is appropriate to deal with the notice motion filed in Court this morning brought by Byron Shire Council ("the council") seeking, inter alia, an order that these proceedings be dismissed. The council relies on the affidavit of Kirston Marie Gerathy sworn on 9 September 2002 wherein, according to the records available to her, she sets out the history of the matter. I put it in that way because the present solicitors have not always appeared for the council in this matter.