Trenwith & Ors v Sutherland Shire Council & Anor (No 4) [2007] NSWLEC 452

Land and Environment Court of New South Wales

CITATION : Trenwith & Ors v Sutherland Shire Council & Anor (No 4) [2007] NSWLEC 452

APPLICANTS Jon and Lynette Trenwith Hans and Inga Zoeke PARTIES : William and Rita Korremans FIRST RESPONDENT Sutherland Shire Council SECOND RESPONDENT John Tourvas

FILE NUMBER(S) : 40937 of 2004

CORAM: Pain J

KEY ISSUES: Civil Enforcement :- whether extension of time for compliance ought be granted

DATES OF HEARING: 21 May 2007

EX TEMPORE JUDGMENT DATE : 21 May 2007

APPLICANTS Mr A Pickles (Barrister) SOLICITORS LEGAL REPRESENTATIVES: Macedone Christie Willis FIRST RESPONDENT Submitting Appearance SECOND RESPONDENT In Person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

21 May 2007

40937 of 2004 Trenwith and Ors v Sutherland Shire Council and Anor (No 4)

EX TEMPORE JUDGMENT 1 Her Honour: This is a Notice of Motion by the Second Respondent, Mr Tourvas, seeking extension of time to comply with Court orders made on 7 September 2006. This possibility was contemplated by order 4 which stated: Liberty to apply is reserved to the Second Respondent to seek an amendment of any time period specified by these orders.

2 Under those orders Mr Tourvas must comply with Order 2 to modify the pergola or demolish the pergola as required by Order 3. He has filed a Notice of Motion seeking an extension of twelve months for Order 2 from the expiry of the eight months compliance period. That order allowed eight months for the work to be completed, that is by May 7 2007. He is not legally represented. He first approached the Court seeking to relist the matter in April 2007, before the eight month period expired.