NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Vilro Pty Ltd v Roads and Traffic Authority of NSW [2010] NSWLEC 141
APPLICANT Vilro Pty Ltd (ACN 000 560 387) (in voluntary liquidation) PARTIES : RESPONDENT Roads and Traffic Authority of NSW
FILE NUMBER(S) : 30369 of 2009
CORAM: Pepper J
KEY ISSUES: PRACTICE AND PROCEDURE :- initial application to vacate hearing dates five weeks before hearing due to commence because of unavailability of town planning expert - failure of applicant to take adequate or any steps to remedy situation - duties of expert witnesses - application withdrawn and instead order sought for additional hearing days to be allocated to hear town planning evidence prior to scheduled commencement of proceedings - order made - whether it was fair and reasonable in the circumstances that the costs of the application be payable by applicant - costs ordered
Civil Procedure Act 2005 ss 56-60 LEGISLATION CITED: Uniform Civil Procedure Rules 2005 r 31.23 and Sch 7 Land and Environment Court Rules 2007 r 3.7(2)
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 CASES CITED: Fostoria-Fannon (Aust) Pty Ltd v Minister Administering the Water Management Act 2000 [2010] NSWLEC 121 Richards v Cornford (No 3) [2010] NSWCA 134
DATES OF HEARING: 2 and 4 August 2010
EX TEMPORE JUDGMENT DATE : 4 August 2010
APPLICANT Mr R Beasley SOLICITORS Minter Ellison Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Tomasetti SC SOLICITORS Blake Dawson
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