Forgall Pty Limited v Chief Executive Of The Office Of Environment and Heritage [2013] NSWLEC 11

Land and Environment Court New South Wales

Medium Neutral Citation: Forgall Pty Limited v Chief Executive Of The Office Of Environment and Heritage [2013] NSWLEC 11 Hearing dates: 7 February 2013 Decision date: 07 February 2013 Jurisdiction: Class 1 Before: Pain J Decision: 1. Application for adjournment of proceedings granted. 2. Appellant to pay Respondent's costs thrown away by reason of adjournment including costs of 7.02.2013. 3. The Respondent's right to apply for costs awarded in order 2 on an indemnity basis is reserved. 4. Telephone call-over time for the purpose of setting a further hearing date on first available date set for 11.02.2013 at a time to be advised by the Registry. 5. Grounds 6(a) and 6(b) be struck off the summons. Catchwords: PROCEDURE - exercise of discretion to grant adjournment Legislation Cited: Civil Procedure Act 2005 s 56 Land and Environment Court Act 1979 s 63 Native Vegetation Act 2003 s 38 Cases Cited: Botany Bay City Council v Marana Developments Pty Ltd [2012] NSWLEC 15 Forgall Pty Ltd v Chief Executive of the Office of Environment and Heritage [2012] NSWLEC 1219 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Category: Procedural and other rulings Parties: Forgall Pty Limited (Appellant) Chief Executive Of The Office Of Environment and Heritage (Respondent) Representation: Mr Wray (agent) (Appellant) Mr E Muston (Respondent) Office Of Environment and Heritage (Respondent) File Number(s): 10952 of 2012