RD Miller Pty Ltd v Roads and Maritime Services NSW (No 2) [2019] NSWLEC 141

Land and Environment Court New South Wales

Medium Neutral Citation: RD Miller Pty Ltd v Roads and Maritime Services NSW (No 2) [2019] NSWLEC 141 Hearing dates: 26 September 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Class 3 Before: Robson J Decision: See orders at [49] Catchwords: PRACTICE AND PROCEDURE – application to vacate hearing dates – hearing dates vacated Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 66 Roads Act 1993 (NSW) ss 6, 68, 69, 226 Cases Cited: Kenoss Pty Ltd v Palerang Council [2013] NSWCA 174 Majak v Rose (No 6) [2017] NSWCA 262 RD Miller Pty Ltd v Roads and Maritime Services NSW [2019] NSWLEC 129 Ren v Jiang (No 2) [2014] NSWCA 119 UTSG Pty Ltd v Sydney Metro (No 5) [2019] NSWLEC 107 Texts Cited: New South Wales Government Gazette, No 136, 15 December 2017 Category: Procedural and other rulings Parties: RD Miller Pty Ltd (ACN 058 073 582) (Applicant) Roads and Maritime Services NSW (Respondent) Representation: Counsel: N Hammond (Applicant) D Hume (Respondent)

Solicitors: Harrington Lawyers (Applicant) MinterEllison (Respondent) File Number(s): 2018/00385065 Publication restriction: Nil

Judgment 1. By notice of motion filed on 18 September 2019, RD Miller Pty Ltd ('RDM') seeks to vacate the hearing set down for five days from 21 to 25 October 2019 ('vacation motion'). 2. The hearing of the vacation motion proceeded on 26 September 2019 and D Hume of counsel appeared for Roads and Maritime Services NSW ('RMS') and N Hammond of counsel appeared for RDM. 3. For the reasons that follow, I consider that the hearing dates listed for 21 to 25 October 2019 should be vacated.