JNH Group Pty Limited v Gosford City Council [2004] NSWLEC 205

Reported Decision : 138LGERA 139

Land and Environment Court of New South Wales

CITATION : JNH Group Pty Limited v Gosford City Council [2004] NSWLEC 205 APPLICANT: JNH Group Pty Limited PARTIES : RESPONDENT: Gosford City Council FILE NUMBER(S) : 11030 of 2003 CORAM: Bignold J KEY ISSUES: Question of Law :- reference by Commissioner-whether proposed development a permissible purpose of development-effect of Senior Commissioner's interlocutory judgment. LEGISLATION CITED: Land and Environment Court Act 1979, s 36(5) Chambers v Maclean Shire Council (2003) 126 LGERA 7; CASES CITED: Currey v Sutherland Shire Council (2003) 129LGERA 223; Ervin Mahrer and Partners v Strathfield Council (No 2) (2001 115 LGERA 259; Lainson v Sutherland Shire Council (1998) 108 LGERA 1 DATES OF HEARING: 27/04/2004 DATE OF JUDGMENT: 05/04/2004

APPLICANT: Mr P Clay, Barrister SOLICITORS John B Hajje and Associates

LEGAL REPRESENTATIVES: RESPONDENT: Mr M Fraser, Barrister SOLICITORS P J Donnellan & Co.

JUDGMENT:

IN THE LAND AND Matter No. 11030 of 2003 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 4 May 2004

JNH GROUP PTY LIMITED

Applicant

v

THE COUNCIL OF THE CITY OF GOSFORD

Respondent

JUDGMENT

A. INTRODUCTION

1. In the course of the hearing of an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (the EP&A Act), the Senior Commissioner has referred, at the request of the Applicant questions of law for determination pursuant to Land and Environment Court Act 1979, s 36(5) (the LEC Act). The reference occurred at a time when the proceeding had been adjourned, part-hard, following the Senior Commissioner's interlocutory judgment which had anticipated the conclusion of the hearing at a future date.