NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Parcell v Leichhardt Council [2012] NSWLEC 77 Hearing dates: 13 April 2012 Decision date: 13 April 2012 Jurisdiction: Class 1 Before: Pepper J Decision: (1) the decision of the Acting-Registrar made on 4 April 2012 is set aside; (2) the hearing dates of 9 and 10 May 2012 are vacated; and (3) the matter is set down for final hearing on 29 and 30 May 2012. Catchwords: APPEAL:- review of Acting-Registrar's decision setting down matter for hearing - principles on review of a registrar's decision - interests of justice - decision set aside Legislation Cited: Civil Procedure Act 2005 ss 56-60 Land and Environment Court Act 1979 s 34AA Uniform Civil Procedure Rules 2005 r 49.19 Cases Cited: Groeneveld v Wollongong City Council [2009] NSWLEC 149; (2009) 168 LGERA 260
Sky Design and Concepts Pty Limited v Pittwater Council (No 4) [2009] NSWLEC 129
Xiang Rong Investment Pty Ltd v Ku-ring-gai Municipal Council [2012] NSWLEC 44 Category: Procedural and other rulings Parties: Robert Parcell (Applicant) Leichhardt Council (Respondent) Representation: Mr C Gough (Solicitor) (Applicant) Ms J Reid (Solicitor) (Respondent)
McKees Legal Solutions (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10212 of 2012
EX TEMPORE Judgment
The Applicant Seeks to Review a Decision of the Acting-Registrar 1By notice of motion filed 11 April 2012, the applicant, Mr Robert Parcell, seeks to review a determination made by the Acting-Registrar of this Court on 4 April 2012 to list the matter for hearing on 9 and 10 May 2012. 2In so doing, the applicant seeks to vacate the earlier hearing dates and instead set the matter down for final hearing on 29 and 30 May 2012. The reason for doing so is the unavailability of Mr Graham McKee of McKees Legal Solutions. Mr McKee is the solicitor acting for Mr Parcell. 3I have determined that it is in the interests of justice that the decision of the Acting-Registrar should be set aside and that the hearing of this matter be set down on the dates sought by Mr Parcell.
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