Diab v Cavasinni [2019] NSWLEC 204

Land and Environment Court New South Wales

Medium Neutral Citation: Diab v Cavasinni [2019] NSWLEC 204 Hearing dates: 24 December 2019 Date of orders: 24 December 2019 Decision date: 24 December 2019 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders: (1) The question of breach of the development consent and the Environmental Planning and Assessment Act 1979 is to be heard and determined separately from any other question, including the appropriate remedy and relief that should be granted by the Court in relation to any breach found. (2) The separate question of breach, ordered in order 1, is to be heard and determined on the dates fixed for hearing on 3 and 4 February 2020. (3) The respondents are to file and serve amended points of defence by 5pm 8 January 2020. (4) The respondents are to file and serve any additional evidence on the separate question of breach by 15 January 2020. (5) The applicant is to file and serve any evidence in response to the respondents' evidence by 24 January 2020. (6) The parties' experts, grouped in each discipline, are to confer with a view to providing a joint expert report to the parties and the Court by 12 noon on 31 January 2020. (7) The respondents are to take all reasonable steps to have any Class 1 appeal or application concerning their modification application heard and determined expeditiously. (8) The respondents are to pay the applicant's costs of the respondents' notice of motion filed on 23 December 2019. Catchwords: JUDGMENT AND ORDERS – application to vacate hearing dates – hearing on a separate question ordered on hearing dates – hearing dates not vacated – respondents to take all reasonable steps to have Class 1 appeal concerning modification application heard and determined expeditiously – respondents to pay the applicant's costs of the motion Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Mrs Maria Cavasinni (First applicant on the Motion) Mr Francesco Cavasinni (Second applicant on the Motion) Mrs Dolly Diab (Respondent on the Motion) Representation: Counsel: Mr J Doyle, with Mr R Kumar (Applicants on the Motion) Mr J Hutton (Respondent on the Motion)