Karmel Property Trust trading as Karmel & Co Pty Ltd v Inner West Council [2022] NSWLEC 30

Land and Environment Court New South Wales

Medium Neutral Citation: Karmel Property Trust trading as Karmel & Co Pty Ltd v Inner West Council [2022] NSWLEC 30 Hearing dates: 24 March 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders that the applicant's notice of motion filed 17 March 2022 is dismissed. Catchwords: PRACTICE AND PROCEDURE – discontinuance of proceedings – appeal against development control order – discontinuance by consent on terms – terms unrelated to proceedings – terms that discontinuing party comply with later development control order not the subject of the appeal – application to vary terms of later development control order – no application to set aside discontinuance – no power to vary terms of later development control order until discontinuance set aside – no power to vary terms of later development control order not the subject of the appeal – no utility in setting aside discontinuance Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 s 34 Uniform Civil Procedure Rules 2005 r 12.1 Category: Procedural rulings Parties: Karmel Property Trust trading as Karmel & Co Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr A Urbanski (litigant in person as agent for Karmel Property Trust trading as Karmel & Co Pty Ltd) (Applicant) Mr S Turner (solicitor) (Respondent)

Solicitors: Self-represented (Applicant) Inner West Council (Respondent) File Number(s): 2019/93504 Publication restriction: Nil