NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wollondilly Shire Council v Antoun [2010] NSWLEC 154
APPLICANT Wollondilly Shire Council
PARTIES : FIRST RESPONDENT Simon Abou Antoun
SECOND RESPONDENT Bechara Hanna Saad El Skaf
FILE NUMBER(S) : 40312 of 2010
CORAM: Pepper J
KEY ISSUES: PRACTICE AND PROCEDURE :- application to vacate hearing dates - respondents no longer owners of property upon which alleged unlawful structures present because bank now mortagee in posession - summons sought relief specifically against respondents - bank has legitimate expectation of being given an opportunity of being heard - vacation granted.
LEGISLATION CITED: Civil Procedure Act 2005 s 56 Environmental Planning and Assessment Act 1979 ss 76A, 121B, 121H, 121Y
CASES CITED: Vilro Pty Ltd v Roads and Traffic Authority of NSW [2010] NSWLEC 141
DATES OF HEARING: 16 August 2010
EX TEMPORE JUDGMENT DATE : 16 August 2010
APPLICANT Mr T Howard SOLICITORS LEGAL REPRESENTATIVES: Hones La Hood
RESPONDENT No Appearance
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
PEPPER J
16 August 2010
40312 of 2010 Wollondilly Shire Council v Simon Abou Antoun and Bechara Hanna Saad El Skaf
EX TEMPORE JUDGMENT
Introduction 1 HER HONOUR: This is an application made on behalf of Wollondilly Shire Council ("the council") to vacate the hearing of this matter set down on 17 and 18 August 2010.
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