Seek Justice Pty Ltd v Blue Mountains City Council; Seek Justice Pty Ltd v Minister for Planning

Seek Justice Pty Ltd (the applicant) brought proceedings against Blue Mountains City Council and the Minister for Planning (the respondents). The applicant sought to set aside orders made by a Registrar dismissing its proceedings for non-compliance with court directions and failure to attend directions hearings. The matter was heard by Griffiths AJA in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the applicant had established sufficient grounds to justify setting aside the Registrar's orders dismissing the proceedings. This involved considering the applicant's explanation for its non-compliance and failure to attend, and whether those explanations met the threshold for excusing the default.

Griffiths AJA dismissed the applicant's motions. The Court found that the applicant had failed to provide a satisfactory explanation for its persistent non-compliance with court directions and its absence from crucial hearings. The Court applied the principles that parties are expected to comply with court orders and that the dismissal of proceedings for non-compliance is a serious step, but one that is justified when a party demonstrates a lack of diligence and respect for the court's process. The applicant's conduct was not considered to be of a nature that warranted the setting aside of the Registrar's orders.

Consequently, the applicant's notices of motion were dismissed. The applicant was ordered to pay the costs of the respondents in relation to the dismissed motions.