North Sydney Council v O'Hara

[2000] NSWLEC 248

Land and Environment Court

of New South Wales

CITATION:

North Sydney Council v O'Hara [2000] NSWLEC 248

PARTIES:

APPLICANT
North Sydney Council

RESPONDENT
O'Hara

FILE NUMBER(S):

40119 of 1999

CORAM:

Cowdroy J

KEY ISSUES:

Orders :- application for adjournment

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

CASES CITED:

DATES OF HEARING:

23/11/00

EX TEMPORE
JUDGMENT DATE :

11/23/2000

LEGAL REPRESENTATIVES:

APPLICANT
Mr P Clay (Barrister)

SOLICITORS
Mallesons Stephen Jaques

RESPONDENT
No appearance

SOLICITORS
n/a

JUDGMENT:

IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES MATTER No. 40119 of 1999
CORAM: Cowdroy J
DECISION DATE: 23/11/00

North Sydney Council

Applicant

v

Louise O’Hara

Respondent

JUDGMENT

1. This matter comes before the Court pursuant to a notice of motion dated 27 October 2000 filed by the respondent, Ms O’Hara. Ms O’Hara has not attended the Court today on the ground of ill health. Ms O’Hara has filed an affidavit which attaches copies of medical certificates. They indicate that Miss O’Hara has been unwell because of a viral infection and that she would be unfit for work from 9 October 2000 to a date which is indecipherable, but which appears to be 8 October 2000.

2. Irrespective of such certificate, on 24 October 2000 Dr Mason examined Miss O’Hara and indicated that he would be further examining her in two weeks from that date. The medical evidence does not suggest that Miss O’Hara has in fact received any treatment for illness. In the event that illness was sought to be regarded as a basis for a further adjournment on the next occasion, the Court regards the evidence as unsatisfactory and insufficient to grant a further adjournment.

3. On this occasion however, the Court proposes to grant an adjournment, noting that Miss O’Hara has spoken to the Registry on several occasions and has said that she will be ready to proceed with her matter from 20 December 2000 and thereafter. The Court will therefore fix 20 December 2000 for the hearing of the matter. The Court indicates now that on that day the matter will proceed to a conclusion.

4. The applicant has also raised the question of tapes of earlier hearings, namely 29 and 30 November 1997, and 10 and 24 October 2000. Miss O’Hara has stated that she will need these tapes to prepare for her future hearing.

5. If it is possible, I direct that the Court take whatever steps can be taken to ensure that those tapes are provided to Miss O’Hara forthwith. The Court makes the following directions:-

1. The hearing be adjourned.

2. The hearing be fixed for 20 December 2000.

3. The applicant file and serve any evidence upon which she wishes to rely by 8 December 2000.

4. The respondent, that is, the respondent to the motion, the council, file any evidence upon which it wishes to rely by 15 December 2000.

5. The Registrar give notice of these orders to Miss O’Hara by registered mail as soon as possible.