Parramatta City Council v Zreik [2012] NSWLEC 141

Land and Environment Court New South Wales

Medium Neutral Citation: Parramatta City Council v Zreik [2012] NSWLEC 141 Hearing dates: 15 June 2012 Decision date: 22 June 2012 Jurisdiction: Class 4 Before: Craig J Decision: 1. The second respondent's notice of motion dated 2 May 2012 is dismissed. 2. Order 1 of orders made on 29 May 2012 is discharged. 3. The second respondent must pay the applicant's costs of the notice of motion. 4. Exhibits may be returned. Catchwords: FINAL ORDERS - consent orders - application for three month extension of time to comply - scope of power to vary orders under Pt 36 r 36.16 of the Uniform Civil Procedure Rules 2005 - whether power to vary orders under Pt 7 r 7.3 of the Land and Environment Court Rules 2007 - power under Pt 7 r 7.3 of the Land and Environment Court Rules 2007 enlivened where orders conditional - discretion exercised against making of order sought - motion dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Deeb v Parramatta City Council [2012] NSWLEC 1104 FAI General Insurance Company Ltd v Southern Cross Exploration N.L. [1988] HCA 13; (1988) 165 CLR 268 Paino v Hofbauer (1988) 13 NSWLR 193 Pittwater Council v Brown Bros Waste Contractors Pty Ltd [2009] NSWLEC 50 Category: Interlocutory applications Parties: Parramatta City Council (Applicant) Suheir Zreik (First respondent) Alecsi Deeb (Second respondent) Representation: A E Galasso SC (Applicant) N/A (First respondent) M A Staunton (Second respondent) Maddocks (Applicant) N/A (First respondent) Gadens Lawyers (Second respondent) File Number(s): 40693 of 2010