Mount Annan 88 Pty Ltd v Camden Council (No 2) [2015] NSWLEC 163

Land and Environment Court New South Wales

Medium Neutral Citation: Mount Annan 88 Pty Ltd v Camden Council (No 2) [2015] NSWLEC 163 Hearing dates: 19 October 2015 Date of orders: 20 October 2015 Decision date: 20 October 2015 Jurisdiction: Class 1 Before: Pain J Decision: (1) Council's Notice of motion dated 12 October 2015 dismissed. (2) Applicant to pay the costs of Ms Morrish incurred by the Council to date. (3) Costs of Council's Notice of motion dated 12 October 2015 reserved. Catchwords: PRACTICE AND PROCEDURE – review of Registrar's decision to set down matter for hearing – whether unavailability of expert witness a material change of circumstance – exercise of discretion not to make order for new hearing dates Legislation Cited: Uniform Civil Procedure Rules r 49.19 Cases Cited: Groeneveld v Wollongong City Council [2009] NSWLEC 149; (2009) 168 LGERA 260 Mount Annan 88 Pty Ltd v Camden Council (Land and Environment Court (NSW), 2 October 2015) Shoal Bay Developments Pty Limited v Port Stephens Council (No 2) [2015] NSWLEC 36 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Procedural and other rulings Parties: Mount Annan 88 Pty Ltd (Applicant) Camden Council (Respondent) Representation: COUNSEL: Ms S Duggan SC (Applicant) Mr D Loether, solicitor (Respondent)

SOLICITORS: Gadens (Applicant) Bartier Perry (Respondent) File Number(s): 10074 of 2015 Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: Civil Citation: N/A Date of Decision: 02 October 2015 Before: Registrar Gray File Number(s): 10074 of 2015