Al Maha Pty Limited v Marrickville Council

Land and Environment Court New South Wales Medium Neutral Citation: Al Maha Pty Limited v Marrickville Council [2015] NSWLEC 1561 Hearing dates:18 March 2015Date of orders: 18 March 2015 Decision date: 18 March 2015 Jurisdiction:Class 1Before: Registrar Gray Decision: Notice of motion for expedition dismissed Catchwords: EXPEDITION – whether special factor exists to warrant expedition – whether compressed timetable should be made Legislation Cited: Environmental Planning and Assessment Act 1979 Category:Consequential orders (other than Costs)Parties: Al Maha Pty Limited (Applicant) Marrickville Council (Respondent) Representation: Counsel:     Solicitors: Gadens Lawyers (Applicant) Marrickville Council (Respondent) File Number(s):10146 of 2015Publication restriction:NoJudgment ON NOTICE OF MOTION REGISTRAR: This matter came before me today on a Notice of Motion filed by the applicant seeking expedition of the hearing of the proceedings.  The application is supported by the affidavit of Ms Walsh, which outlines the history of the proceedings and also the basis upon which expedition is sought. By way of background, the Land and Environment Court (the Court) granted consent to a development application on 22 May 2013 in relation to the development. An application was made to the Council for modification of that consent on 11 March, and that modification application remains a deemed refusal. Following the deemed refusal, the applicant commenced these proceedings on 9 March as an application to the Court for modification of the development consent pursuant to s 96(8) of the Environmental Planning and Assessment Act 1979 (the EPA Act). The application for expedition is made on the basis that construction...