Willoughby City Council v Bowen [2000] NSWLEC 198

Reported Decision : 108 LGERA 149

Land and Environment Court of New South Wales

CITATION : Willoughby City Council v Bowen [2000] NSWLEC 198 APPLICANT: Willoughby City Council PARTIES : RESPONDENT: Bowen FILE NUMBER(S) : 40079 of 2000 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- summary dismissal of permanent stay of class 4 proceedings raising a question of law relevant to pending class 1 proceedings. LEGISLATION CITED: CASES CITED: Bowen v Willoughby City Council (2000) 108 LGERA 149· Gemsted Pty Ltd v Gosford City Council (1993) 78LGERA 395; Healesville Holdings Pty Ltd v Pittwater Council (1997) 97 LGERA 95 DATES OF HEARING: 23/06/00 DATE OF JUDGMENT: 08/31/2000

APPLICANT: Mr B Preston SC SOLICITORS Malleson Stephen Jacques LEGAL REPRESENTATIVES: RESPONDENT: Mr P Tomasetti, Barrister SOLICITORS Corrs Chambers Westgarth

JUDGMENT: IN THE LAND AND Matter No . 40079 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 31 August 2000

WILLOUGHBY CITY COUNCIL

Applicant

v

BOWEN

Respondent

JUDGMENT

Bignold J:

1. By Notice of Motion filed 1 June 2000, the Respondent seeks an order that class 4 proceedings brought against him by the Applicant (the Council) be struck out or permanently stayed.

2. The class 4 proceedings which were commenced in this Court on 22 May 2000 claimed the following relief: 1. A declaration that the erection of dwelling houses on proposed lots 2, 3 and 4 in the plan of subdivision proposed by development application number 1999/1630 made in respect of the property known as 70-72 Sugarloaf Crescent, Castlecrag being lots 301 to 305 in Deposited Plan 13613 is prohibited. 2. That the Respondent pay the Applicant's costs.