Wren Investments Pty Ltd v Hunter [2011] NSWLEC 122

Land and Environment Court New South Wales

Medium Neutral Citation: Wren Investments Pty Ltd v Hunter [2011] NSWLEC 122 Hearing dates: 12/07/2011 Decision date: 12 July 2011 Jurisdiction: Class 3 Before: Pepper J Decision: Expedition granted and expedited timetable ordered Catchwords: PROCEDURE: whether expedition should be granted - party seeking expedition delayed in filing proceedings and delayed in seeking expedition - if expedition not granted then development consent would lapse - prejudice to the party opposing an order for expedition not insurmountable Legislation Cited: Civil Procedure Act 2005 ss 56, 57, 58, 59, 60, 61, 62, 63 Conveyancing Act 1919 s 88K Land and Environment Court Act 1979 s 40 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 rr 2.1, 51.60 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR 33 Vaughan v Dawson [2005] NSWSC 33 Wren Investments Pty Ltd v Willoughby City Council [2011] NSWLEC 1167 Category: Procedural and other rulings Parties: Wren Investments Pty Ltd (Applicant) Laurence Brian Hunter (First Respondent) Anne Maree Hunter (Second Respondent) Representation: Mr S Patterson, solicitor (Applicant) Mr M Byrnes, solicitor (Respondents) Wilshire Webb Staunton Beattie Lawyers (Applicant) Russell C Byrnes Solicitor (Respondents) File Number(s): 30529 of 2011