Helm No. 18 Pty Ltd v North Sydney Council (No 2) [2022] NSWLEC 103

Land and Environment Court New South Wales

Medium Neutral Citation: Helm No. 18 Pty Ltd v North Sydney Council (No 2) [2022] NSWLEC 103 Hearing dates: 11 and 12 August 2022 Date of orders: 12 August 2022 Decision date: 12 August 2022 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [27] Catchwords: JUDGMENTS AND ORDERS – Stay of execution – Stay of judgment and orders – Pending appeal – Notice of motion for stay of Commissioner's judgment revoking interim heritage order – Interlocutory relief – Notice of motion granted Legislation Cited: Heritage Act 1977 (NSW), s 25 Land and Environment Court Act 1979 (NSW), s 56A North Sydney Local Environmental Plan 2013 Cases Cited: Helm No. 18 Pty Ltd v North Sydney Council [2022] NSWLEC 1406 Iseek Communications Pty Ltd v Jones [2017] NSWSC 251 Texts Cited: Land and Environment Court Practice Note – Section 56A Appeals Category: Procedural rulings Parties: Helm No. 18 Pty Ltd (Respondent on Notice of Motion) North Sydney Council (Applicant on Notice of Motion) Representation: Counsel: P Tomasetti SC (Respondent on Notice of Motion) L Sims (Applicant on Notice of Motion)

Solicitors: Mills Oakley (Respondent on Notice of Motion) Marsdens Law Group (Applicant on Notice of Motion) File Number(s): 2022/00081671 Publication restriction: Nil

Judgment 1. Late in the afternoon on Friday, 12 August 2022, I made orders granting a stay of a decision and orders made by Acting Commissioner Sheridan which were handed down on 29 July 2022 (in which the Acting Commissioner upheld an appeal by Helm No. 18 Pty Ltd ('Helm No. 18') against an interim heritage order published in the New South Wales Government Gazette, No 103, 11 March 2022, pending an appeal from that decision under s 56A of the Land and Environment Court Act 1979 (NSW) ('Court Act') which has now been set down for hearing on 22 August 2022. 2. Having received evidence and detailed argument, given the urgency of the matter, I indicated that I would grant the stay and provide reasons on Monday, 15 August 2022. These are the reasons.