Nara Lounge Pty Limited v Hurstville City Council

Land and Environment Court New South Wales Medium Neutral Citation: Nara Lounge Pty Limited v Hurstville City Council [2015] NSWLEC 1560 Hearing dates:20 March 2015Date of orders: 20 March 2015 Decision date: 20 March 2015 Jurisdiction:Class 1Before: Registrar Gray Decision: Subpoena set aside, costs of the motion as agreed or assessed Catchwords: SUBPOENA – application to set aside subpoena to attend – subpoena to assessing officer – evidence of assessing officer not relevant to merit appeal Legislation Cited: Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 Land and Environment Court Rules 2007 Category:Procedural and other rulingsParties: Nara Lounge Pty Limited (Applicant) Hurstville City Council (Respondent) Representation: Counsel:     Solicitors: Emprise Legal (Applicant) Marsdens Law Group (Respondent) File Number(s):10916 of 2014Publication restriction:Nojudgment ON NOTICE OF MOTION REGISTRAR: These proceedings concern an appeal by the applicant against the respondent's refusal to modify the development consent granted by the respondent in June 2014 for the use of premises as a restaurant and food kiosk. The modification application seeks to increase the number of seats from 60 to 250, together with a consequential increase to the waste facilities room. The hearing of these proceedings is listed for Monday 23 and Tuesday 24 March, with today being the last business day before that hearing. In preparing for the hearing, the applicant requested the issue of a subpoena to Ms Paula Bizimis (incorrectly referred to in the subpoena as Ms Pauline Bizimis), Hurstville Council Senior Development Officer.  That subpoena requires the attendance of Ms ...