Sertari Pty Limited v Quakers Hill SPV Pty Limited [2012] NSWCA 292

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sertari Pty Limited v Quakers Hill SPV Pty Limited [2012] NSWCA 292 Hearing dates: 10 September 2012 Decision date: 10 September 2012 Before: Basten JA Decision: (1) Leave granted to first respondent to read the affidavit of Andrew Peter Gough of 10.09.12 and direct that it be filed in the Registry today. (2) Leave granted to first respondent to read the affidavit of Joseph Wehbe of 08.09.12 and direct that it be filed in the Registry today. (3) Stand matter over to 9.30am, Monday 17.09.12 to be relisted before me on that date. (4) The Land and Environment Court be restrained from dealing with the proceedings pending resolution of the proceedings in this Court. (5) Reserve the costs of the application today. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - civil - judgments and orders - stay pending appeal or judicial review - applicant not party to proceedings below - whether danger that proceedings could be disposed of without involvement of applicant - whether stay appropriate - Land and Environment Court Act 1979 (NSW), s 34

PROCEDURE - Land and Environment Court - review of decision of Registrar - whether power of Judge of Land and Environment Court to review decision of Registrar of that Court - Lowy v Land and Environment Court [2002] NSWCA 353; 123 LGERA 179 discussed Legislation Cited: Land and Environment Court Act 1979 (NSW), ss 34, 39A Uniform Civil Procedure Rules 2005 (NSW), r 49.19 Cases Cited: Lowy v Land and Environment Court [2002] NSWCA 353; 123 LGERA 179 Quakers Hills SPV Pty Ltd v Blacktown City Council [2012] NSW LEC 200 Category: Procedural and other rulings Parties: Sertari Pty Ltd (Applicant) Quakers Hill SPV Pty Ltd (First Respondent) Blacktown City Council (Second Respondent) Land and Environment Court of NSW (Third Respondent) Representation: Counsel: