Tier Architects Pty Ltd v Sutherland Shire Council [2024] NSWLEC 32

Land and Environment Court New South Wales

Medium Neutral Citation: Tier Architects Pty Ltd v Sutherland Shire Council [2024] NSWLEC 32 Hearing dates: 22 March 2024 Date of orders: 22 March 2024 Decision date: 22 March 2024 Jurisdiction: Class 1 Before: Pain J Decision: The Court orders that in notice of motion (004) dated 18 March 2024: (1) Prayers 1(a) and 1(b) are dismissed (2) The hearing dates of 26-28 March 2024 are vacated. Catchwords: CIVIL PROCEDURE – review of deputy registrar's decision pursuant to r 49.19 of Uniform Civil Procedure Rules 2005 (NSW) – deputy registrar's decision set aside and notice of motion re-determined – orders seeking leave to rely on amended plans not made Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 4.22 Environmental Planning and Assessment Regulation 2021 (NSW), cll 37, 55 Uniform Civil Procedure Rules 2005 (NSW), r 49.19 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Barr Property and Planning Pty Ltd v Cessnock City Council [2021] NSWLEC 108 House v King (1990) 55 CLR 499; [1936] HCA 40 Radray Constructions Pty Limited v Hornsby Shire Council (2006) 145 LGERA 292; [2006] NSWLEC 155 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Texts Cited: Land and Environment Court of New South Wales Practice Note - Class 1 Development Appeals (3 April 2018) Category: Procedural rulings Parties: Tier Architects Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A M Pickles SC (Applicant) J Cole (Respondent)