NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pan Pacific Property Group Pty Ltd v Waverley Council [2010] NSWLEC 1001
APPLICANT Pan Pacific Property Group Pty Ltd PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10317 of 2009
CORAM: Acting Registrar Gray
KEY ISSUES: COSTS :- Notice of Motion to vacate hearing dates
Land and Environment Court Rules 2007 LEGISLATION CITED: State Environmental Planning Policy No 65 Environmental Planning and Assessment Regulations 2000
DATES OF HEARING: 9 December 2009
DATE OF JUDGMENT: 11 January 2010
APPLICANT Mr N Eastman (barrister) SOLICITOR Gadens Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Ms C Morton (solicitor) SOLICITOR Sparke Helmore
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Acting Registrar Gray
11 January 2010
10317 of 2009 Pan Pacific Property Group Pty Ltd v Waverley Council
JUDGMENT 1 REGISTRAR: The respondent in these proceedings seeks its costs of the notice of motion filed 4 December 2009 seeking an order to vacate the hearing dates, and its costs thrown away by reason of those orders being granted. The notice of motion was opposed by the applicant and was heard by Commissioner Pearson, who is part heard in the proceedings, on 7 December 2009. The Commissioner vacated the hearing date in order to allow the applicant to provide to the respondent the plans and for the respondent to notify those plans.
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