BSM Holdings Pty Ltd v Deane Street Holdings Pty Ltd [2020] NSWLEC 137

Land and Environment Court New South Wales

Medium Neutral Citation: BSM Holdings Pty Ltd v Deane Street Holdings Pty Ltd [2020] NSWLEC 137 Hearing dates: 17 September 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Jurisdiction: Class 4 Before: Pepper J Decision: Expedition refused. Applicant to pay the respondents' costs. Catchwords: PROCEDURE: application for expedition to preserve the status quo of the dispute – issued raised by the summons not speculative – no interim relief sought – no demolition or other remedial relief sought in the summons – no other development impacted by the outcome of the proceedings – matter would take longer than one day to hear to finality – limited hearing days available due to COVID-19 backlog – no public interest in matter being heard expeditiously that was not present in most planning cases – proponent not concerned with any potential liability to third party purchasers arising out of the proceedings – expedition refused. Legislation Cited: Burwood Local Environmental Plan 2012, cll 4.4, 4.5 and 4.6 Civil Procedure Act 2005 ss 56, 57, 58 and ss 61, 62 and 63 Land and Environment Court Act 1979 s 25B Uniform Civil Procedure Rules 2005 r 2.1 Cases Cited: Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR Healthscope Ltd v Minister for Planning and Infrastructure (No 2) [2011] NSWLEC 237 Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349; (2011) 81 NSWLR 638 M.H. Earthmoving Pty Ltd v Cootamundra-Gundagai Regional Council (No 2) [2018] NSWLEC 101 Marshall Rural Pty Ltd v Basscave Ltd [2015] NSWLEC 86 North Sydney Council v Minister for Local Government [2016] NSWLEC 161 Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 Omaya Investments Pty Ltd v Dean Street Holdings Pty Ltd [2019] NSWLEC 123 Vaughan v Dawson [2005] NSWSC 33 Wren Investments Pty Ltd v Hunter [2011] NSWLEC 122 Xiang Rong Investment Pty Ltd v Ku-ring-gai Municipal Council [2012] NSWLEC 44 Category: Procedural and other rulings Parties: BSM Holdings Pty Ltd (Applicant) Deane Street Holdings Pty Ltd (First Respondent) Burwood Council (Second Respondent) Patrick John Elias (Third Respondent) Representation: Counsel: Mr T Robertson SC (Applicant) Mr C Leggat SC (First and Third Respondents) Mr R White (Second Respondent)