Coalpac Pty Ltd v Minister for Planning and Infrastructure [2013] NSWLEC 52

Land and Environment Court New South Wales

Medium Neutral Citation: Coalpac Pty Ltd v Minister for Planning and Infrastructure [2013] NSWLEC 52 Hearing dates: 19 April 2013 Decision date: 19 April 2013 Jurisdiction: Class 4 Before: Craig J Decision: 1. The notice of motion filed by the applicant on 15 April 2013 is dismissed. 2. The applicant is to pay the respondents' costs of that notice of motion. 3. By consent make orders and give directions in accordance with paragraphs 2 to 11 of the short minutes of order initialled by me and placed with the papers. Catchwords: PRACTICE AND PROCEDURE - motion to vacate hearing dates - exercise of discretion informed by ss 56 and 58 of the Civil Procedure Act 2005 - continued processing of project application by respondent - recent merit decision of the Court on project application for coal mining - insufficient grounds to found discretion to vacate hearing dates - motion dismissed Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited [2013] NSWLEC 48 Newton v Ellis [2012] NSWCA 106 Category: Procedural and other rulings Parties: Coalpac Pty Limited (Applicant) Minister for Planning and Infrastructure (First Respondent) Planning Assessment Commission of New South Wales (Second Respondent) Representation: M J Leeming SC with V R Brigden (Applicant) K Richardson with N Zerial (Respondent) Sparke Helmore Lawyers (Applicant) Legal Services Branch NSW Department of Planning and Infrastructure File Number(s): 40083 of 2013