Aubrey Robert Mills v North West Local Land Services

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Aubrey Robert Mills v North West Local Land Services [2016] NSWLEC 100 Hearing dates:1 August 2016Decision date: 01 August 2016 Jurisdiction:Class 3Before: Robson J Decision: Application to vacate hearing dates dismissed Catchwords: PRACTICE AND PROCEDURE:- application to vacate hearing dates to allow for further evidence – application refused Legislation Cited: Civil and Administrative Tribunal Act 2013, Sch 3 Civil Procedure Act 2005, ss 56, 57, 58 Land and Environment Court Act 1979, s 19(h) Local Land Services Act 2013, ss 6, 79(1), 86 Cases Cited: Mills v Local Lands Services [2015] NSWCATAD 207 Category:Procedural and other rulingsParties: Aubrey Robert Mills (Applicant) Local Land Services (Respondent) Representation: Counsel: Heather Irish (Applicant) Peter Russell (Respondent)   Solicitors: Sylvester Joseph, Cole & Butler (Applicant) Russell Booby, Bell & Johnson (Respondent) File Number(s):2016/187189EX TEMPORE Judgment By notice of motion filed 27 July 2016, the applicant, represented by Ms Irish of counsel, seeks to vacate the hearing set down for three days from 16 August commencing at Moree. The respondent, represented by Mr Russell of counsel, opposes the applicant's motion. The motion also seeks consequential amendments to detailed orders made by consent before the Registrar on 4 July 2016. In support of the motion, the applicant relies upon the affidavit of Sylvester Martin Rodrick Claudius Joseph, sworn 22 July 2016, and tenders a bundle of documents of 137 pages comprising various earlier draft and made short minutes of order and correspondence both between the...