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 168Category: 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
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.
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").
The extension is opposed by the respondent, Clarence Valley Council ("the council").
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.
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.
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…
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- Case
- [2014] NSWLEC 62
- Decision Date
CaseChat Overview and Summary
The court carefully examined the arguments presented by both parties. In its reasoning, the court determined that the council's actions were within its statutory powers, affirming the validity of the enforcement. However, regarding the application to extend the time for compliance with the orders, the court found Rogers' circumstances to be compelling enough to warrant a three-month extension. This decision balanced the council's need for timely compliance with Rogers' demonstrated need for additional time.
The outcome of the case was that the application to adjourn the hearing of the notice of motion was refused, affirming the council's right to proceed with its enforcement actions. However, the application to extend the time for compliance with the orders was granted, providing Rogers with an additional three months to meet the compliance requirements. This decision reflects the court's consideration of both the procedural fairness and the practical implications for the parties involved.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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