NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kringas v Cooma-Monaro Shire Council [2000] NSWLEC 192 APPLICANT: Simon Kringas PARTIES : RESPONDENT: Cooma-Monaro Shire Council FILE NUMBER(S) : 10200 of 1999 CORAM: Lloyd J KEY ISSUES: Costs :- planning appeal - new LEP made during negotiations regarding consent conditions for subdivision - question of law raised by council as primary issue - failure by council to raise any merit issues - whether exceptional circumstances LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 68, s 97 Land and Environment Court Act 1979 s 36(5), s 69(2) Berk v Woollahra Municipal Council (No. 2) 78 LGERA 180; Glover v Yarrowlumla Shire Council, Bignold J, NSWLEC, 10 November 1998, unreported; CASES CITED: McDonald Industries Limited v Sydney City Council (1980) 43 LGRA 428; Outdoor Australia Pty Limited v Auburn Council (1996) 89 LGERA 365; Raiti v Leichhardt Municipal Council (1991) 72 LGRA 333 DATES OF HEARING: 21/08/2000 DATE OF JUDGMENT: 08/30/2000
APPLICANT: A A Bradbury (Solicitor) SOLICITORS: Minter Ellison
LEGAL REPRESENTATIVES: RESPONDENT: W H Marks (Barrister) SOLICITORS: Last & Maxwell
JUDGMENT: 1
IN THE LAND AND Matter No. 10200 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 30 August 2000 Simon Kringas Applicant
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