Hurstville City Council v Jacobs (No 2)

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Hurstville City Council v Jacobs (No 2) [2015] NSWLEC 161 Hearing dates:9 October 2015Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction:Class 4Before: Craig J Decision: 1. The notice of motion filed 6 October 2015 is dismissed.2. The hearing will proceed on Tuesday next, 13 October, 2015. Catchwords: PRACTICE AND PROCEDURE – application to vacate hearing date – unsatisfactory evidence to support motion – inadequate steps taken to obtain legal advice – application is belated – inconsistent with s 56 of Civil Procedure Act 2005 – vacation of hearing dates not in the interests of justice – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Category:Procedural and other rulingsParties: Hurstville City Council (Applicant) Kevin Roy Jacobs (First Respondent) The Estate of the late Ronald John Jacobs (Second Respondent) Representation: Counsel: M Cottom, solicitor (Applicant) Self represented (First Respondent) Submitting appearance (Second Respondent)       Solicitors: HWL Ebsworth Lawyers (Applicant) Self represented (First Respondent) Submitting appearance (Second Respondent) File Number(s):40060 of 2015ex tempore Judgment By notice of motion filed on 6 October 2015, Kevin Roy Jacobs seeks to vacate the hearing of two notices of motion fixed for hearing on Tuesday next, 13 October 2015. Each of those notices of motion was filed by Mr Jacobs and each has been supported by an affidavit sworn by him. The first of the two notices of motion was filed on 21 August 2015. It seeks an order “that the...