Kirela Pty Limited v The Minister administering the Environmental Planning and Assessment Act 1979 [2004] NSWLEC 67

Land and Environment Court of New South Wales

CITATION : Kirela Pty Limited v The Minister administering the Environmental Planning and Assessment Act 1979 [2004] NSWLEC 67 APPLICANT Kirela Pty Limited (ACN 079 721 127) PARTIES : RESPONDENT The Minister administering the Environmental Planning and Assessment Act 1979 FILE NUMBER(S) : 30088 of 2002 CORAM: Cowdroy J KEY ISSUES: Compulsory Acquisition of Land :- written submission not received by a party - whether Court misled by error in submission LEGISLATION CITED: Land and Environment Court Rules 1996, Pt 15 r 9(d) CASES CITED: DATES OF HEARING: 04/03/2004 DATE OF JUDGMENT: 03/12/2004

APPLICANT Mr T. Hale SC Mr A. Galasso (Barrister)

SOLICITORS Minter Ellison LEGAL REPRESENTATIVES: RESPONDENT Mr J. Webster SC

SOLICITORS Blake Dawson Waldron

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 30088 of 2002

Cowdroy J

12 March 2004 Kirela Pty Limited (ACN 079 721 127) Applicant v The Minister administering the Environmental Planning and Assessment Act 1979 Respondent Judgment 1 By Notice of Motion dated 3 February 2004 the applicant applied to the Court pursuant to Part 15 rule 9(d) of the Land and Environment Court Rules 1996 to set aside Order 1 made in these proceedings on 29 August 2003. On 6 February 2004 such Order was set aside by consent. 2 The basis for the motion arises from a letter forwarded to the Court by Senior Counsel for the respondent dated 20 August 2003 in response to a question raised by the Court concerning a factual issue. The applicant claims that it did not receive a copy of the letter although the respondent maintains that it had been sent to the applicant. 3 The factual issue concerned the basis for the 71 units which was used in Option A relied upon by the respondent and referred to in Kirela Pty Limited v the Minister administering the Environmental Planning and Assessment Act 1979 [2003] NSWLEC 135 ("the judgment") at par 151. The letter of 20 August 2003 relevantly stated:- The DCP set a proposed density of 71 apartments on that site…