The Hills Shire Council v Needham [2018] NSWLEC 1

Land and Environment Court New South Wales

Medium Neutral Citation: The Hills Shire Council v Needham [2018] NSWLEC 1 Hearing dates: 7 February 2018 Date of orders: 08 February 2018 Decision date: 07 February 2018 Jurisdiction: Class 4 Before: Pain J Decision: See par 18 Catchwords: PRACTICE AND PROCEDURE – vacation of hearing dates at commencement of hearing to enable legal representation to be obtained conditioned on interlocutory order remaining in place and payment of applicant's costs thrown away Legislation Cited: Civil Procedure Act 2005 ss 56, 58, 66 Uniform Civil Procedure Rules 2005 Pt 40.7 Category: Procedural and other rulings Parties: The Hills Shire Council (Applicant) Norma Bianca Maree Needham (Respondent) Representation: COUNSEL: M Wright (Applicant) N Needham in person (Respondent)

SOLICITORS: Marsdens (Applicant) Roderick B Harris & Co (Respondent) File Number(s): 17/162057

EX TEMPORE Judgment

Notice of motion to vacate hearing dates 1. The Hills Shire Council has commenced Class 4 civil enforcement proceedings restraining the use of Ms Needham's land in Ascot Road Kenthurst for prohibited activities in a rural transition zone. The Class 4 proceedings identify the activities of a function centre and use as commercial premises for commercial videography and commercial photography on Ms Needham's land as prohibited under the relevant planning instrument. The matter was set down on 22 September 2017 for a two day hearing commencing today. 2. This judgment concerns an oral application to vacate the hearing dates allowed to be made instanter by Ms Needham at the outset of the hearing. Section 66 of the Civil Procedure Act 2005 (NSW) provides for adjournment of proceedings at any stage, which would include vacation of a hearing date to another date. The exercise of the Court's discretion must be done in accordance with ss 56 and 58 of the Civil Procedure Act ensuring the just, quick and cheap disposal of proceedings. It is necessary to balance the competing interests of fairness to the parties in light of the issues in the Class 4 proceedings. 3. The chronology in the Court Book which will be relied on at a final hearing identifies the following complaints made by neighbours in relation to activities on the land: 22 February 2016 Complaint concerning use of the land for weddings and weekend rentals. 5 March 2016 Complaint concerning use of the land for Mardi Gras party. 25 March 2016 - 28 March 2016 Complaint concerning use of the land for weekend rental and party. 2 April 2016 Complaint concerning use of the land for weekend rental and party. 30 April 2016 Complaint concerning use of the land for the purpose of a wedding. 19 June 2016 Complaint concerning use of the land for the purpose of a wedding. 27 August 2016 Complaint concerning use of the land for the purpose of a wedding. 13 December 2016 Inspection of the land by officers of the Council confirming use of the land at that time for Christmas party function. 16 December 2016 and 17 December 2016 Complaint concerning use of the land for weekend rental and party. 29 January 2017 Complaint concerning use of the land for the purpose of a wedding on 25 and 27 January 2017. 3 February 2017 Inspection of the land by officers of the Council confirming the land was used for an engagement function. 4 February 2017 Inspection of the land by officers of the Council confirming the land was used for an engagement function. 25 March 2017 Inspection of the land by officers of the Council confirming the land was used for a wedding. 25 November 2017 Complaints and inspection of the land by Council officers confirming use of the land for the purpose of a pool party function. 9 December 2017 Complaints and inspection of the land by officers of the Council confirming the land was used for a wedding.