Charlton v Moore ( No 3) [2009] NSWLEC 48

Land and Environment Court of New South Wales

CITATION : Charlton v Moore ( No 3) [2009] NSWLEC 48

APPLICANT: Belinda Lee Charlton

FIRST RESPONDENT: Susan Rosalie Moore

PARTIES : SECOND RESPONDENT: Alison Gay Howlett:

THIRD RESPONDENT: Singleton Council

FOURTH RESPONDENT: Gary Woodman

FILE NUMBER(S) : 40130 of 2009

CORAM: Biscoe J

KEY ISSUES: PRACTICE AND PROCEDURE :- whether hearing dates should be vacated.

CASES CITED: Charlton v Moore (No 2) [2009] NSWLEC 46

DATES OF HEARING: 18 March 2009

EX TEMPORE JUDGMENT DATE : 18 March 2009

APPLICANT: Mr P Larkin SOLICITORS Thompson Norrie LEGAL REPRESENTATIVES: 1ST-FOURTH RESPONDENTS: Ms C Adamson SC SOLICITORS Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

18 March 2009

40130 of 2009

BELINDA LEE CHARLTON v SUSAN ROSALIE MOORE & ORS

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a motion by the respondents to vacate the hearing dates which have been fixed for two days next week, 24 and 25 March. The applicant consents. 2 In my view, the hearing dates should be vacated for the reasons put forward by the respondents, as follows. 3 First, the fourth respondent was not joined to these proceedings until 16 March 2009 on which day the solicitor for the first, second and third respondents received instructions to act for the fourth respondent. The respondents' solicitor would have insufficient time to take instructions and prepare the necessary evidence in the proceedings so far as they relate to the fourth respondent. This is highlighted by a current direction which require the respondents to file and serve evidence by 17 March 2009. 4 The second reason for vacating the hearing dates is that the applicant in her affidavit of 27 February 2009 refers to a discussion that she had with officers of McArthur Management Services who are currently engaged by the council, the third respondent, for the purpose of selecting suitable candidates for interview for the position of general manager. It is considered to be inappropriate for the solicitors for the respondents to contact those officers at this time because to do so would bring to their attention these proceedings and may affect the independence of the process. It is not expected that they will identify the candidates who will be interviewed by the full council until later this week. The solicitor for the respondents will have insufficient time available to consult with those potential witnesses and comply with the Court's directions. The applicant has indicated that she is particularly sympathetic to this ground for vacation of the hearing dates.