Bird v Hawkesbury City Council [2001] NSWLEC 1

Land and Environment Court of New South Wales

CITATION : Bird v Hawkesbury City Council [2001] NSWLEC 1 APPLICANT Bird PARTIES : RESPONDENT Hawkesbury City Council FILE NUMBER(S) : 11009 of 2000 CORAM: Pearlman J KEY ISSUES: Practice & Procedure :- dismissal of proceedings - identical development applications - abuse of process LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Draft Local Environmental Plan 110 CASES CITED: Russo v Kogarah Municipal Council (1999) 105 LGERA 290 DATES OF HEARING: 01/12/2000, 06/12/2000 EX TEMPORE JUDGMENT DATE : 12/06/2000

APPLICANT Mr G B Newport (Barrister) SOLICITORS Malcolm McDonald and Co LEGAL REPRESENTATIVES: RESPONDENT Mr C J Leggat (Barrister) SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND 11009 of 2000 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 6 December 2000

HOWARD BIRD Applicant v HAWKESBURY CITY COUNCIL Respondent

JUDGMENT

1. This is a notice of motion seeking an order that class 1 proceedings numbered 11009 of 2000 be dismissed. The proceedings were commenced by the applicant against the respondent council's determination to refuse the applicant's development application to use an existing factory building for a brothel.

2. The development application which is the subject of the class 1 proceedings was said by the council's officer, Mr R J H Montgomery, to be identical in terms to a development application which was the subject of proceedings in this Court, numbered 10989 of 1999 ("the first development application"). This is conceded by Mr Newport, appearing for the applicant.