Shellharbour City Council v Altz Pty Ltd [2014] NSWLEC 57

Land and Environment Court New South Wales

Medium Neutral Citation: Shellharbour City Council v Altz Pty Ltd [2014] NSWLEC 57 Hearing dates: 13 May 2014 Decision date: 13 May 2014 Jurisdiction: Class 4 Before: Craig J Decision: Orders as set out at [35] Catchwords: PRACTICE AND PROCEDURE - motion seeking adjournment of proceedings - purpose of adjournment to enable time for the determination of a development application - whether discretion to adjourn proceedings should be exercised - Civil Procedure Act 2005 (NSW) - adjournment granted in the interests of justice Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Shellharbour Local Environmental Plan 2000 (NSW) Shellharbour Local Environmental Plan 2013 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW) Cases Cited: Bardsley-Smith v Penrith City Council [2013] NSWCA 200 Council of the City of Sydney v Samadi [2010] NSWLEC 125 Sahade v The Owners - Strata Plan No. 62022 & Ors [2006] NSWLEC 770 Category: Procedural and other rulings Parties: Shellharbour City Council (Applicant) Altz Pty Limited trading as Good Price Pharmacy Warehouse (Respondent) Representation: H P Irish (Applicant/Respondent on the motion) C Withers (Respondent/Applicant on the motion) RMB Lawyers (Applicant) Addisons Lawyers (Respondent) File Number(s): 40019 of 2014