NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pathold No 176 Pty Limited v Minister for Transport Services [2005] NSWLEC 184
APPLICANT: Pathold No 176 Pty Limited
PARTIES : RESPONDENT: Minister for Transport Services
FILE NUMBER(S) : 11046 of 2004
CORAM: Bignold J
KEY ISSUES: Development Application :- whether development application proposes development permissible only with development consent-whether Court has jurisdiction to determine whole of development application where consent authority has determined only part of application.
Environmental Planning and Assessment Act 1979-ss 4(1), 76A, 77, 97, 110 and 111 LEGISLATION CITED: Land and Environment Court Act, s 17(d) and 39(2)
Aquatic Airways Pty Ltd v Warringah Shire Council (1990) 71 LGRA 10; C B Investments Pty Ltd v Colo Shire Council (1980) 41 LGRA 270; Foodbarn Pty Ltd v Solicitor General (1975) 31 LGRA 157; CASES CITED: Lizzio v Ryde Municipal Council (1983) 155 CLR 211 at 217; Penrith City Council v Waste Management Authority (1990) 71 LGRA 376; Woolworths Limited v Pallas Newco Pty Ltd [2004] NSWCA 422
DATES OF HEARING: 28/02/2005, 17/03/2005
DATE OF JUDGMENT: 04/22/2005
APPLICANT: Mr P Tomasetti, Barrister SOLICITORS Colin Biggers and Paisley
LEGAL REPRESENTATIVES:
RESPONDENT: Ms J Jagot, Barrister SOLICITORS Minter Ellison
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