Rogers v Clarence Valley Council (No 2)

Land and Environment Court

New South Wales

Medium Neutral Citation:

Rogers v Clarence Valley Council (No 2) [2014] NSWLEC 62

Hearing dates:

22 May 2014

Decision date:

22 May 2014

Jurisdiction:

Class 2

Before:

Pepper J

Decision:

Application to adjourn hearing of notice of motion refused. Application to extend time for compliance of orders made on 14 November 2013 by three months granted.

Catchwords:

PRACTICE AND PROCEDURE: application to adjourn hearing of notice of motion - application made on day of hearing by respondent - application refused.

CIVIL ENFORCEMENT: application to extend time for compliance with earlier made final court orders by three months - partial compliance with court orders - more time needed to achieve full compliance - application granted.

Legislation Cited:

Civil Procedure Act 2005, ss 56-60

Cases Cited:

Aon v Australian National University [2009] HCA 27; (2009) 239 CLR 175

Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; (2013) 303 ALR 199

Kenoss Pty Ltd v Palerang Council [2013] NSWCA 174

Rogers v Clarence Valley Council [2013] NSWLEC 194

Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 8) [2013] NSWLEC 168

Category:

Interlocutory applications

Parties:

Sally Rogers (Applicant)
Clarence Valley Council (Respondent)

Representation:

Ms S Rogers (in person) (Applicant)
Mr N Hogan (Respondent)
N/A (Applicant)
Clarence Valley Council (Respondent)

File Number(s):

20585 of 2012

Ex Tempore Judgment

The Council Applies to Adjourn the Hearing of Ms Rogers' Notice of Motion

1. By way of notice of motion filed 13 May 2014, the applicant, Ms Sally Rogers, an unrepresented litigant, requests a three month extension to comply with final orders made by the Court on 14 November 2013.

1. The background to the application and the facts giving rise to the making of the orders is set out in detail in Rogers v Clarence Valley Council [2013] NSWLEC 194 ("the principal judgment").

1. The extension is opposed by the respondent, Clarence Valley Council ("the council").

1. An affidavit of Ms Kirsty Callander sworn 21 May 2014 and filed today with leave of the Court, deposes to the fact that the council was served with an unsigned copy of the notice of motion and an affidavit in support by Ms Rogers on 13 May 2014. On 16 May 2014, the council received sealed copies of the notice of motion and affidavit.

1. At the outset of the hearing of the notice of motion, the council sought an adjournment on the basis that it required further time for the council to properly brief counsel, prepare a formal response to the matters raised by Ms Rogers' affidavit, issue a subpoena to Ms Rogers and generally gather evidence of matters "weighing against the grant of an extension" sought in the notice of motion.

1. In my view, having regard to the matters contained in ss 56-60 of the Civil Procedure Act 2005 ("the CPA") and the principles articulated in Aon v Australian National University [2009] HCA 27; (2009) 239 CLR 175 (at…