NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Marshall Rural Pty Ltd v Basscave Pty Ltd [2017] NSWLEC 84 Hearing dates: 14 July 2017 Date of orders: 17 July 2017 Decision date: 17 July 2017 Jurisdiction: Class 4 Before: Molesworth AJ Decision: See paragraph [43] Catchwords: PRACTICE AND PROCEDURE – motion seeking expedition of proceedings concerning allegedly unlawful earthworks and erection of buildings – whether expedition of proceedings in the public interest – whether other factors warranting expedition of proceedings – application for expedition refused Legislation Cited: Civil Procedure Act 2005, ss 56-58, 61-63 Environmental Planning and Assessment Act 1979 Protection of the Environment Operations Act 1997 Uniform Civil Procedure Rules 2005, r 2.1 Cases Cited: Gandangara Local Aboriginal Land Council v New South Wales Aboriginal Land Council [2013] NSWLEC 116 Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR 33 Marshall Rural Pty Ltd v Basscave Ltd [2015] NSWLEC 86 Marshall Rural Pty Ltd v Hawkesbury City Council (No 2) [2015] NSWLEC 210 Category: Procedural and other rulings Parties: Marshall Rural Pty Ltd (Applicant) Basscave Pty Ltd (Respondent) Representation: Counsel: Mr J Lazarus (Applicant) Ms S Duggan SC (Respondent)
Solicitors: Hall & Wilcox (Applicant) Dibbs Barker (Respondent) File Number(s): 2017/00169851
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