NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Capital Airport Group Pty Limited v Director-General of the Department of Planning [2009] NSWLEC 215
APPLICANT Capital Airport Group Pty Limited
FIRST RESPONDENT Director-General of the Department of Planning PARTIES : SECOND RESPONDENT Queanbeyan City Council
THIRD RESPONDENT Canberra Estates Consortium No 4 Pty Limited
FILE NUMBER(S) : 40854 of 2009
CORAM: Preston CJ
KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- interlocutory injunction - application to restrain public exhibition of draft local environmental plan - serious question to be tried as to whether draft LEP a pending LEP under unamended statute - balance of convenience favours not granting interlocutory injunction - final hearing expedited
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 54, s 64, s 65, s 66, Sch 6 cl 122 Environmental Planning and Assessment Amendment Act 2008
DATES OF HEARING: 13 November 2009
EX TEMPORE JUDGMENT DATE : 13 November 2009
APPLICANT Ms M N Allars (barrister) SOLICITORS Mallesons Stephen Jaques FIRST RESPONDENT Ms J Smith (solicitor) SOLICITORS Department of Planning LEGAL REPRESENTATIVES: SECOND RESPONDENT Mr T T-W To (barrister) SOLICITORS Williams Love & Nicol
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