UTSG Pty Ltd v Sydney Metro (No 5)

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	UTSG Pty Ltd v Sydney Metro (No 5) [2019] NSWLEC 107
Hearing dates:	25 and 26 July 2019
Date of orders:	26 July 2019
Decision date:	26 July 2019
Jurisdiction:	Class 3
Before:	Pepper J
Decision:	Hearing dates vacated. See orders at [81].
Catchwords:	CIVIL PROCEDURE: adjournment – application to vacate hearing dates in part-heard proceedings due to illness of one of the directors of the applicant – lengthy history of delay by applicant – applicant a corporate litigant in person – adequacy of medical evidence – capacity of remaining director of company to continue to run the proceedings if other director incapacitated – application to vacate reluctantly granted – consequential orders made.
Legislation Cited:	Civil Procedure Act 2005, ss 55-60 and 66 Land and Environment Court Rules 2007, r 7.7
Cases Cited:	Bobolas v Waverley Council (No 3) [2015] NSWLEC 100 Bobolas v Waverley Council [2016] NSWCA 139; (2016) 92 NSWLR 406 Dillon v Gosford City Council [2011] NSWCA 328; (2011) 184 LGERA 179 Jeray v Blue Mountains City Council; Jeray v Blue Mountains City Council [2011] NSWLEC 218 Lane Cove Council v Ross (No 13) [2013] NSWLEC 80 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Magjarraj v Asteron Life Limited [2009] NSWSC 1433 Pachkovski v Australian Executor Trustees Ltd [2011] NSWCA 94 Palerang Council v Banfield [2012] NSWLEC 85 Taylor v Port Macquarie Hastings Council [2010] NSWLEC 153; 175 (2010) LGERA 189 UTSG Pty Ltd v Sydney Metro (No 3) [2019] NSWLEC 49 UTSG Pty Ltd v Sydney Metro [2018] NSWLEC 128 Wingecarribee Shire Council v O’Shanassy (No 4) [2014] NSWLEC 52 Woodhouse v Thalis [2018] NSWCA 97
Category:	Procedural and other rulings
Parties:	UTSG Pty Ltd (Applicant) Sydney Metro (Respondent)
Representation:	Counsel: Dr M Baig (Applicant) Mr N Eastman (Respondent)   Solicitors: Dr M Baig (Applicant) Ashurst (Respondent)
File Number(s):	2017/249637
Publication restriction:

Ex Tempore Judgment

The Applicant Seeks to Vacate Hearing Dates of a Part-Heard Matter

1. The applicant, UTSG Pty Ltd (“UTSG”), sought by way of ex parte email communication from Ms Simran Singh (a director of USTG along with Dr Mirza Baig) to the Court on 18 July 2019 at 4.55 pm (“the email”), to vacate the imminent resumption of part-heard Class 3 compensation for compulsory acquisition proceedings.

2. The matter was heard for seven days in April 2019 and was fixed to be heard for a further five days commencing 29 July 2019.

3. The vacation application was initially opposed by the respondent, Sydney Metro, however, it later resiled from this position, submitting that it was not opposed to the application provided that two conditions were met: first, that the Court order UTSG to pay its costs thrown away occasioned by the vacation; and second, that further timetabling orders were made for the future conduct of the proceedings, other than to simply set the matter down for further hearing at some distant future time. These conditions are discussed…