Flanagan Avenue Pty Ltd v Liverpool City Council [2022] NSWLEC 152

Land and Environment Court New South Wales

Medium Neutral Citation: Flanagan Avenue Pty Ltd v Liverpool City Council [2022] NSWLEC 152 Hearing dates: 12 December 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraphs 49 and 50 Catchwords: Review of Registrar's decision – UCPR 49.19(1) – competency of Class 1 appeal where no development application attached – Appeal – not incompetent – failure to comply with request and direction to lodge development application – proceedings dismissed warranted – alternative power – s 61 of the CP Act – UCPR 12.7 – motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Land and Environment Court Act 1979 (NSW) Land and Environment Court Rules 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Z v Mental Health Review Tribunal (No 2) [2022] NSWCA 131 Category: Procedural rulings Parties: Flanagan Avenue Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Harker (Applicant) A Stafford (Respondent)

Solicitors: Auslex Law Group Holding Redlich File Number(s): 2022/176210 Publication restriction: No

Judgment

Nature of proceedings 1. By Notice of Motion filed on 11 November 2022 Flanagan Avenue Pty Limited (the Applicant) seeks orders that: 1. The decisions and Orders of the Registrar of 17 October 2022 are set aside. 2. Order that the Respondent pay the Applicant's costs of the Notice of Motion. 3. Any other Orders that this Honourable Court considers appropriate. 1. As recorded on the Court file, on 17 October 2022 the Registrar made orders: Dismiss proceedings. [Respondent] awarded costs proceedings under r 3.7 of LEC Rules as appeal lodged was not competent or capable of assessment. [Applicant] provided [with] opportunity on 13/9, 20/9, 27/9 and today to provide DA under appeal and failed to do so. 1. The Respondent, Liverpool City Council (the Council) opposes the making of the orders sought.