Memel Holdings Pty Ltd v Pittwater Council [2000] NSWLEC 227

Land and Environment Court of New South Wales

CITATION : Memel Holdings Pty Ltd v Pittwater Council [2000] NSWLEC 227 APPLICANT: Memel Holdings Pty Ltd PARTIES : RESPONDENT: Pittwater Council FILE NUMBER(S) : 11035 of 1999 CORAM: Talbot J KEY ISSUES: Orders :- form of pursuant to s 56A Land and Environment Court Act 1979 - application to vary Pt 15 Land and Environment Court Rules - inherent jurisdiction Development Application :- SEPP 1 objection - whether can be considered in isolation from the determination of the application Land and Environment Court Act 1979 LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 1, Pt 15 Suitors' Fund Act 1951 CASES CITED: Autodesk Inc & Anor v Dyason & Ors (No. 2) (1993) 176 CLR 300; Smith v NSW Bar Association (1992) 176 CLR 256 DATES OF HEARING: 20/10/2000 DATE OF JUDGMENT: 10/25/2000

APPLICANT: Mr P R Graham QC

SOLICITORS: Bradfield & Scott LEGAL REPRESENTATIVES: RESPONDENT: Mr D R Parry (Barrister)

SOLICITORS: Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND Matter No. 11035 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 25 October, 2000

Memel Holdings Pty Ltd Applicant v Pittwater Council Respondent

REASONS FOR JUDGMENT

1. On 26 May 2000 the Senior Commissioner delivered an ex tempore judgment and made orders upholding an appeal against the refusal of the development application made by the applicant company seeking consent for a two lot subdivision at No 93 Florida Road Palm Beach.