Warriewood Vale Pty Ltd v Northern Beaches Council (No 2) [2017] NSWLEC 21

Land and Environment Court New South Wales

Medium Neutral Citation: Warriewood Vale Pty Ltd v Northern Beaches Council (No 2) [2017] NSWLEC 21 Hearing dates: 23 February 2017 Date of orders: 23 February 2017 Decision date: 23 February 2017 Jurisdiction: Class 1 Before: Pain J Decision: (1) The Intervenors' Notice of Motion is dismissed. (2) Costs are reserved. Catchwords: PRACTICE AND PROCEDURE – application by intervenors to vacate hearing dates refused Legislation Cited: Civil Procedure Act 1995 s 56 Land and Environment Court Act ss 22, 23, 38 Pittwater Local Environmental Plan 2014 cl 6.1 Cases Cited: Kioa v West (1985) 159 CLR 500 Warriewood Vale Pty Ltd v Northern Beaches Council [2016] NSWLEC 77 Category: Procedural and other rulings Parties: Warriewood Vale Pty Ltd (Applicant) Northern Beaches Council (Respondent) John Peter Gigliotti (First Intervenor) Peter Gualtieri (Second Intervenor) Teresa Gualtieri (Third Intervenor) Vincenzo Sacco (Fourth Intervenor) Representation: COUNSEL: J Reid (Applicant) E Gentle (Respondent) M Tibbey (Intervenors)

SOLICITORS: Pikes & Verekers Lawyers (Applicant) King & Wood Mallesons (Respondent) LC Muriniti & Associates (Intervenors) File Number(s): 16/151186

EX TEMPORE Judgment 1. This judgment concerns a Notice of Motion filed by the Intervenors on 16 February 2017. The motion sought to vacate the hearing dates of these Class 1 proceedings (16/151186) so that this appeal could be heard at the same time (whether back to back or together) as matter 17/40390 (the Intervenors' Class 1 appeal). The hearing in this matter is imminent being set down for 27 February to 3 March 2017. In the alternative, the Intervenors proposed other orders that affect the presentation of evidence and the scope of the Intervenors' participation in the hearing.