Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 5)

Land and Environment Court New South Wales Medium Neutral Citation: Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 5) [2016] NSWLEC 134 Hearing dates:11 October 2016Date of orders: 12 October 2016 Decision date: 12 October 2016 Jurisdiction:Class 4Before: Sheahan J Decision: The Respondent’s Notice of Motion of 29 September 2016 is dismissed Catchwords: PRACTICE AND PROCEDURE: application for a further extension of a stay on orders made by the Court – discretion – refused – costs. Legislation Cited: Protection of the Environment Operations Act 1997 Cases Cited: Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 2) [2015] NSWLEC 114 Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 3) [2015] NSWLEC 118 Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 4) [2016] NSWLEC 90 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category:Principal judgmentParties: Lake Macquarie City Council (Applicant) Australian Native Landscapes Pty Limited (Respondent) Representation: Counsel: Mr T To, barrister (Applicant) Dr S Berveling, barrister (Respondent)   Solicitors: Moray & Agnew Newcastle (Applicant) McCabes Lawyers (Respondent) File Number(s):2016/213622JudgmentIntroduction These Class 4 proceedings concern a site in Crawford Road, Cooranbong. The respondent, Australian Native Landscapes Pty Limited (“ANL”), has asked the Court to further extend the stay on some orders made by Biscoe J following his judgment of 17 July 2015: Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 2) [2015] NSWLEC 114. His Honour’s decision followed a hotly contested hearing over 13 hearing days, but,...