NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Pittwater Council v Ryan [2016] NSWLEC 5 Hearing dates: 12 February 2016 Date of orders: 12 February 2016 Decision date: 12 February 2016 Jurisdiction: Class 4 Before: Pain J Decision: (1) The Respondent's Notice of Motion dated 23 December 2015 is dismissed.
(2) The Council's costs of the Notice of Motion dated 23 December 2015 are to be paid by Mr Ryan. Catchwords: PROCEDURE – suspension of timetable in civil enforcement proceedings to enable modification applications under s 96 of EPA Act not made – if granted modification applications will not resolve all substantive issues in the proceedings – costs not saved by suspension of timetable – proposal to make modification application made late in context of history of the land and the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 58(1)(a)(ii) Environmental Planning and Assessment Act 1979 (NSW), s 124(3) Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Casley v Wagga Wagga Shire Council [2010] NSWLEC 140 Sahade v The Owners – Strata Plan No 62022 and Ors [2006] NSWLEC 770 Category: Procedural and other rulings Parties: Pittwater Council (Applicant) Daniel Patrick Ryan (Respondent) Representation: COUNSEL: A Stafford (Applicant) J Smith (Respondent)
SOLICITORS: King & Wood Mallesons (Applicant) Staunton & Thompson (Respondent) File Number(s): 40949 of 2015
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate