Kenoss Pty Ltd v Palerang Council

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Kenoss Pty Ltd v Palerang Council [2013] NSWCA 174

Hearing dates:

7 June 2013

Decision date:

07 June 2013

Before:

Ward JA

Decision:

Dismiss the applicant's Notice of Motion dated 5 June 2013, with costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PROCEDURE - late withdrawal of legal representation - adjournment sought to seek further legal advice

Legislation Cited:

Civil Procedure Act 2005

Cases Cited:

Aon Risk Services Australia Limited v ANU (2009) 239 CLR 175
Jiwira Pty Ltd v Primary Industry Bank of Australia Ltd (Supreme Court of New South Wales, McLaughlin M, 17 February 1995, unreported)

Category:

Interlocutory applications

Parties:

Kenoss Pty Ltd (Applicant)
Palerang Council (Respondent)

Representation:

Counsel:
A Korakis (Applicant)
P Clay SC (Respondent)
Solicitors:
Gadens Lawyers (Applicant)
Bradley Allen Love Lawyers (Respondent)

File Number(s):

12/308877

 Decision under appeal 

Jurisdiction:

9106

Citation:

Kenoss Pty Ltd v Palerang Council (No.2) [2012] NSWLEC 208

Date of Decision:

2012-09-07 00:00:00

Before:

Biscoe J

File Number(s):

12/10586

Judgment (Ex tempore)

1. WARD JA: This is an application brought by notice of motion by Kenoss Pty Limited seeking an order vacating the hearing date of its application for leave to appeal and appeal from a decision by Biscoe J in the Land and Environment Court. His Honour determined a separate question in proceedings before the Land and Environment Court as to the proper construction of a particular provision in the Yarrowlumla Local Environmental Plan 2002. The applicant filed a summons seeking leave to appeal from that decision on 5 October 2012.

1. I am informed by Senior Counsel for the respondent (Mr Clay SC) that the effect of the determination by Biscoe J of the separate question was that the development the subject of the application is prohibited and that, if leave to appeal were not to be granted from his Honour's decision or, if granted, the appeal were to be dismissed, then the proceedings in the Land and Environment Court would be at an end.

1. The matter was listed, in February this year, for a hearing on 12 June 2013, of the application for leave to appeal concurrently with the appeal itself. It is conceded by both parties that the issue in dispute on that appeal is limited to a discrete question of law. It relates to the statutory construction of a provision in the relevant planning instrument.

1. On the applicant's behalf a white book has been filed which contains the applicant's summary of argument in relation to the issues to be considered on the application for leave to appeal (and appeal).

1. There is included in that bundle…