McCONAGHY DEVELOPMENTS PTY LTD v TAMWORTH CITY COUNCIL [1996] NSWCA 348

McCONAGHY DEVELOPMENTS PTY LTD v TAMWORTH CITY COUNCIL

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA 1 July 1996

[1996] NSWCA 348

Priestley JA. Orders have been previously made on most of the matters claimed in the notice of motion now before the court. The remaining matter is the application for expedition.

The second respondent in the appeal, the applicant for expedition, is a developer whose development application was consented to by the council and was the subject of an appeal to the Land and Environment Court by another commercial party. That appeal was dismissed and the same party has become the appellant in this court. The other respondent in the appeal is the Tamworth City Council. The second respondent is commercially interested in having the appeal resolved as quickly as possible, with the end in mind that if it is successful in the appeal it will be able to proceed with its development, and should it be unsuccessful in the appeal, it will be in a position to make commercial decisions that it cannot make at the moment.

The appellant does not consent to the application for expedition being granted, but does not oppose it. The council supports the application. I have been told of reasons going to the interests of the public in the council's area why it is highly desirable that the appeal be resolved as quickly as may be. Itis this aspect of the matter that seems to me to warrant the granting of expedition.

That matter aside, although the case is obviously one where it is in the interests of the parties to reach a speedy resolution, it does not seem to have much more merit in that respect than the general run of appeals in this court, where usually at least one of the parties is anxious for a result as soon as possible.

For the reason mentioned, however, I think I should grant expedition, and I make an order for expedition. The costs of the present application, together with the costs of the matters already dealt with under the notice of motion should, unless counsel wish to address me to the contrary, be costs in the appeal.