Richmond Valley Council v Ison [2011] NSWLEC 142

Land and Environment Court New South Wales

Medium Neutral Citation: Richmond Valley Council v Ison [2011] NSWLEC 142 Hearing dates: 12 August 2011 Decision date: 12 August 2011 Jurisdiction: Class 4 Before: Pepper J Decision: The Court orders that: (1) the hearing date is vacated; (2) the respondent is to lodge with the council a development application in respect of any proposed development on the property by no later than 16 September 2011; (3) the proceedings are stood over for a further directions hearing before Pepper J at 9.30am on 19 September 2011; and (4) the respondent is to pay the applicant's costs thrown away occasioned by the vacation of the hearing date. Catchwords: PROCEDURE: application to vacate hearing made on day of hearing - application granted due to ill health and personal difficulties of respondent - respondent ordered to pay applicant's costs thrown away Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58, 59, 60, 61 Environmental Planning and Assessment Act 1979, s 121B Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) HCA 27; (2009) 239 CLR 175 Category: Procedural and other rulings Parties: Richmond Valley Council (Applicant) Rodney Harold Ison (Respondent) Representation: Ms A Pearman (Applicant) Mr C Braid (Respondent) Hannigans Lawyers, Solicitors, Attorneys (Applicant) Walters Solicitors (Respondent) File Number(s): 40363 of 2011