Queanbeyan City Council v Precast Concrete Solutions Pty Ltd [2007] NSWLEC 701

Land and Environment Court of New South Wales

CITATION : Queanbeyan City Council v Precast Concrete Solutions Pty Ltd [2007] NSWLEC 701

APPLICANT: Queanbeyan City Council PARTIES : RESPONDENT: Precast Concrete Solutions Pty Ltd

FILE NUMBER(S) : 41110 of 2006

CORAM: Biscoe J

KEY ISSUES: Practice and Procedure :- whether late application to vacate hearing dates because of unavailability of key witness should be granted where applicant failed to make necessary arrangements for witness to attend

DATES OF HEARING: 5 October 2007

EX TEMPORE JUDGMENT DATE : 5 October 2007

APPLICANT: Mr T To, barrister SOLICITORS: Baker Deane & Nutt Solicitors LEGAL REPRESENTATIVES: RESPONDENT: Mr P R Clay, barrister SOLICITORS: Meyer Vandenberg Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

5 October 2007

41110 of 2006

QUEANBEYAN CITY COUNCIL v PRECAST CONCRETE SOLUTIONS PTY LIMITED

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a motion by the applicant to vacate the dates for the hearing of this matter next week, on 8 and 9 October 2007. The reason is that the applicant's principal witness and employee Ms Natasha Abbott is on leave and is not returning to work until 18 October 2007.

2 The proceedings involve a contempt of court charge brought by the applicant, the Queanbeyan City Council, against the respondent, Precast Concrete Solutions Pty Limited. The orders sought include, in the alternative, that an officer of the respondent be committed to a correctional centre. The respondent has pleaded guilty in part, and not guilty in part, to the charge.