NOTICE OF MOTION — seeking leave to amend a development application — costs thrown away — seeking leave to consolidate proceedings — vacate hearing dates — dictates of justice — costs — fair and reasonable
Quick Take
1An application to consolidate proceedings and vacate hearing dates made approximately five weeks before a listed hearing will be refused where the applicant has not adequately explained its delay and lack of readiness, consistent with the principle that development appeals should be ready to proceed when commenced.
2Where a party seeks leave to rely on expert evidence for hearing dates when those experts are known to be unavailable, and no explanation is provided for that course, the court will give little weight to subsequent claims of prejudice arising from expert unavailability.
3Under r 3.7 of the Land and Environment Court Rules 2007 (NSW), a costs order against a party on an interlocutory motion may be fair and reasonable where that party has made representations to the opposing party and submissions to the court about readiness that proved unhelpful to the preparation for hearing.
