Leichhardt Municipal Council v O'Neill [2011] NSWLEC 78

Land and Environment Court New South Wales

Medium Neutral Citation: Leichhardt Municipal Council v O'Neill [2011] NSWLEC 78 Hearing dates: 6 May 2011 Decision date: 06 May 2011 Jurisdiction: Class 4 Before: Pepper J Decision: Notice of motion dismissed and application to vacate refused. Leave granted to remove first respondent as a party to the proceedings. Catchwords: PROCEDURE: - consent application to vacate hearing dates - genuine attempts to resolve the matter - matter characterised by unexplained delay - consent application refused Legislation Cited: Civil Procedure Act 2005 ss 56, 57, 58, 59 60 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Category: Procedural and other rulings Parties: Leichhardt Municipal Council (Applicant) Matthew Thomas O'Neill (First Respondent) Rubbells Pty Limited (Second Respondent) Representation: Ms R McCulloch (Applicant) Mr B Campbell (Second Respondent) Pikes Lawyers (Applicant) Nicole Leggat & Associates (Second Respondent) File Number(s): 40888 of 2009

EX TEMPORE Judgment

Introduction 1Before me is a notice of motion filed on 5 May 2011, seeking an order that the hearing dates of 11-12 May 2011 be vacated and that the parties be permitted to approach the Registrar to obtain new hearing dates. 2The parties were granted leave to approach the Registrar for hearing dates on 11 February 2011 as a result of the matter coming before me as List Judge. The hearing dates were allocated by the Registrar with the consent of both parties. 3In respect of the first respondent, Mr Matthew Thomas O'Neill, I was informed by both the parties that he is not an active party, has not filed an appearance in this matter and if the matter is to proceed to hearing, Leichhardt Municipal Council ("the council") will seek orders having the first respondent removed from the proceedings. 4For the reasons given below the application is refused.