Buyozo Pty Limited v Mosman Municipal Council [2008] NSWLEC 105

Land and Environment Court of New South Wales

CITATION : Buyozo Pty Limited v Mosman Municipal Council [2008] NSWLEC 105

APPLICANT: Buyozo Pty Limited PARTIES : RESPONDENT: Mosman Municipal Council

FILE NUMBER(S) : 10548 of 2006

CORAM: Biscoe J

KEY ISSUES: Practice and Procedure :- application to vacate hearing date because counsel jammed.

DATES OF HEARING: 29 February 2008

EX TEMPORE JUDGMENT DATE : 29 February 2008

APPLICANT: Mr C R Reid, solicitor SOLICITORS Reid & Vesely LEGAL REPRESENTATIVES: RESPONDENT: Ms J Walsh, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

29 February 2008

10548 of 2006

BUYOZO PTY LIMITED v MOSMAN MUNICIPAL COUNCIL

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a motion by the respondent council to vacate the hearing date next Monday, 3 March. The ground is that counsel briefed by the council is jammed in another case which has overrun.

2 The position of the applicant in the proceedings, Buyozo Pty Limited, is that normally it would endeavour to be amenable to such a motion but that in this case it opposes the motion because of the long history of delay in the matter; its perception (about which I pass no judgment) that the council has endeavoured in the past to thwart progress of the matter; and that every day that the subject development consent is deferred is causing it damage.