North Sydney Council v North Sydney Leagues Club Limited [2016] NSWLEC 22

Land and Environment Court New South Wales

Medium Neutral Citation: North Sydney Council v North Sydney Leagues Club Limited [2016] NSWLEC 22 Hearing dates: 18 March 2016 Date of orders: 21 March 2016 Decision date: 21 March 2016 Jurisdiction: Class 4 Before: Sheahan J Decision: (1) The Respondent's Notice of Motion filed on 7 March 2016 is dismissed. (2) The Respondent is ordered to pay the Council's costs of the hearing on 18 March 2016. (3) The directions in the consent orders made by Pain J on 13 November 2015 are amended as follows: (a) Order 4 is to be complied with by 15 April 2016; (b) Order 5 is to be complied with by 6 May 2016. (4) The matter is to be listed before the List Judge, for final directions and the appointment of hearing dates, on Friday 13 May 2016. (5) The parties are to have liberty to restore on 48 hours notice. (6) Exhibit "JL1" to the affidavit of James Lidis is to be returned to the Respondent. Catchwords: PRACTICE AND PROCEDURE: application for adjournment of the proceedings – respondent seeking development consent to regularise works and use of premises – principles to be applied – costs – directions. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Cases Cited: Bardsley-Smith v Penrith City Council [2013] NSWCA 200 Council of the City of Sydney v Samadi [2010] NSWLEC 125 Hawkesbury City Council v Agostino [2009] NSWLEC 130 Sahade v The Owners - Strata Plan No. 62022 & Ors [2006] NSWLEC 770 Shellharbour City Council v Altz Pty Ltd [2014] NSWLEC 57 Category: Procedural and other rulings Parties: North Sydney Council (Applicant) North Sydney Leagues Club Limited (Respondent) Representation: Counsel: Mr T To, barrister (Applicant) Ms A Hemmings, barrister (Respondent)