Woollahra Council v Duarte (No 3) [2013] NSWLEC 70

Land and Environment Court New South Wales

Medium Neutral Citation: Woollahra Council v Duarte (No 3) [2013] NSWLEC 70 Hearing dates: 15 May 2013 Decision date: 15 May 2013 Jurisdiction: Class 4 Before: Craig J Decision: 1. Vacate the hearing listed for 21 and 22 May 2013. 2. I fix the hearing of these proceedings for Monday 24 June 2013. 3. I direct that any further affidavit to be relied upon by the first respondent be filed and served by 31 May 2013. 4. I direct that any affidavit in reply be filed and served by 14 June 2013. 5. I extend the time for compliance with Order 3 made on 23 November 2012 to 19 June 2013. 6. Note that the Council accepts the conclusion contained in paragraph 15 of the affidavit of Simon Taylor sworn 15 March 2012 is based on matters set out in paragraphs 8 to 14 of that affidavit, it being accepted that upon this concession being made the first respondent would not wish to cross-examine Mr Taylor. 7. Grant liberty to the parties to apply on 2 days' notice. 8. The costs of the first respondent's notice of motion are reserved. Catchwords: PRACTICE AND PROCEDURE - application to vacate hearing dates - second such application - discretionary considerations - application granted Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Woollahra Council v Duarte (No 2) 2013 NSWLEC 12 Category: Procedural and other rulings Parties: Woollahra Council (Applicant) Charmaine Duarte (First respondent) Rodney Duarte (Second respondent) Representation: A Hudson (Applicant) R M O'Gorman-Hughes (Respondents) Wilshire Webb Staunton Beattie Solicitors (Applicant) Self-represented (Respondents) File Number(s): 40330 of 2011