Randwick City Council v Athens (No. 5)

[2004] NSWLEC 200

Land and Environment Court

of New South Wales

CITATION:

Randwick City Council v Athens and Anor (No. 5) [2004] NSWLEC 200

PARTIES:

APPLICANT
Randwick City Council

FIRST RESPONDENT
Peta Athens

SECOND RESPONDENT
Athens Holdings Pty Limited (ACN 001 166 552)

FILE NUMBER(S):

40097 of 2000

CORAM:

Cowdroy J

KEY ISSUES:

Contempt :- application to disqualify - party present - legal representatives not present

LEGISLATION CITED:

CASES CITED:

DATES OF HEARING:

21/04/2004

EX TEMPORE
JUDGMENT DATE :

04/21/2004

LEGAL REPRESENTATIVES:

APPLICANT
Mr A. Thompson (Barrister)

SOLICITORS
Bowen & Gerathy

RESPONDENT
Mr D. Buchanan SC

SOLICITORS
Levitt Robinson Solicitors and Associates

JUDGMENT:

IN THE LAND AND

ENVIRONMENT COURT

OF NEW SOUTH WALES

40097 of 2000

Cowdroy J

21 April 2004

Randwick City Council

Applicant
v

Peta Athens

First Respondent

Athens Holding Pty Limited (ACN 001 166 552)

Second Respondent

Judgment No. 5 - Interlocutory

1 When this matter resumed yesterday the time for the hearing was set to commence at 9.30am. That time was fixed on 25 March 2004, namely, almost a month ago. When it became apparent that Mr Thompson was not in court the Court adjourned since the case was part heard in the prosecutor’s case to ascertain the reason for his non attendance. At that stage the Court ascertained upon inquiry that Mr Thompson had understood the hearing was to commence at 10am.

2 The Court took the view that that mistake was possibly understandable because more than a month had elapsed since the recommencement of the hearing was fixed.

3 Yesterday afternoon when the Court adjourned the time was set to resume today at 9.30am, that is, the day before the hearing was due to resume this morning. At 9.30am Mr Thompson was present in court. The Court waited until 24 minutes to ten before recommencing the hearing in the absence of any communication that any party had been delayed.

4 The first named defendant and the second named defendant by its officer the first named defendant was present in court. At approximately 22 minutes to ten a solicitor representing the respondents arrived and took his place at the bar table. An inquiry was made as to whether senior counsel was to appear and the Court was informed that he would be appearing. The Court does not know what time senior counsel arrived, but it was apparently somewhere before 10 o’clock.

5 The Court suggested that the solicitor take notes of anything that was said in case it was required. Mr Thompson read from written submissions and the Court understood perhaps wrongly that that had already been supplied to the respondent’s solicitors or legal representatives.

6 In the circumstances the Court rejects the application to disqualify myself from the hearing of the case.