Rose Bay Afloat Pty Ltd (Formerly Titanic Floating Restaurant Pty Limited) v Woollahra Municipal Council [2003] NSWLEC 116

> Land and Environment Court of New South Wales

CITATION : Rose Bay Afloat Pty Ltd (Formerly Titanic Floating Restaurant Pty Limited) v Woollahra Municipal Council [2003] NSWLEC 116 APPLICANT: Rose Bay Afloat Pty Ltd (Formerly Titanic Floating Restaurant Pty Limited) PARTIES : RESPONDENT: Woollahra Municipal Council FILE NUMBER(S) : 10957 of 2001 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- application stay of proceedings based upon existence of pending application for leave to appeal to Court of Appeal against interlocutory judgment. LEGISLATION CITED: CASES CITED: Ervin Mahrer v Strathfield Municipal Council (2001) NSWLEC 228 DATES OF HEARING: 21/03/2003 EX TEMPORE JUDGMENT DATE : 03/21/2003

APPLICANT: J E Robson, Barrister SOLICITORS Baker and McKenzie LEGAL REPRESENTATIVES: RESPONDENT: Mr P Clay, SOLICITORS Michell Sillar

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 10957 of 2001 Coram : Bignold J 21 March 2003

ROSE BAY AFLOAT PTY LTD (FORMERLY TITANIC FLOATING RESTAURANT PTY LIMITED)

Applicant

v

WOOLLAHRA MUNICIPAL COUNCIL

Respondent

JUDGMENT

1. This is a Motion to vacate hearing dates that have been allocated for the hearing of a development appeal which was filed in the Court in 2001. The hearing dates were allocated on 3 September 2002 and the dates allocated are the week commencing 19 May 2003.

2. The development application is for a restaurant and public boardwalk and pontoon on land situated below mean high watermark at Rose Bay, but close to the landward side.