NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gerondal v Eurobodalla Shire Council [2010] NSWLEC 52
APPLICANT: Paul Gerondal PARTIES : RESPONDENT: Eurobodalla Shire Council
FILE NUMBER(S) : 60002 of 2009
CORAM: Biscoe J
KEY ISSUES: PRACTICE AND PROCEDURE :- in the absence of a party his notice of motion seeking variation of orders was struck out - whether strike out order should be set aside.
LEGISLATION CITED: Protection of the Environment Operations Act 1998, s 245
DATES OF HEARING: 12 March 2010
EX TEMPORE JUDGMENT DATE : 12 March 2010
APPLICANT: Mr P Gerondal (in person) SOLICITORS: n/a LEGAL REPRESENTATIVES: RESPONDENT: Mr Hill (agent) SOLICITORS: Andrew Warren Associates
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
12 March 2010
60002 of 2009
PAUL GERONDAL v EUROBODALLA SHIRE COUNCIL
EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a notice of motion by the applicant, Mr Paul Gerondal, which seeks to set aside orders made on 26 February 2010 that Mr Gerondal's earlier notice of motion filed on 1 February 2010 be struck out and that Mr Gerondal pay the costs of that notice of motion. BACKGROUND 2 On 25 September 2009 the Court made orders including an order pursuant to s 245 of the Protection of the Environment Operations Act 1998 requiring Mr Gerondal to remove specified items from his land at Broulee within three months. 3 On 1 February 2010 Mr Gerondal filed a notice of motion seeking, first, an order extending time for compliance with the 2009 order and, secondly, an order that "the Court define and/or delete the items to be removed from the premises as broadly described in 'the list' in the order". 4 Mr Gerondal's notice of motion was heard by me on 12 February 2010. I made an order extending to 1 June 2010 the time for compliance with the 2009 order. With a view to later determining his motion for the second order relating to the definition of items, I made directions that the parties meet on the property on 22 February 2010 with a view to reaching agreement to any variation of the descriptions of items in para (ii) of the 2009 order, that the parties file a document setting out a list of agreed matters by 24 February 2010, and that the matter be re-listed for directions on 26 February 2010.
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