NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Homeworld Ballina Pty Limited v Ballina Shire Council & Anor [2009] NSWLEC 172
APPLICANT Homeworld Ballina Pty Limited PARTIES : FIRST RESPONDENT Ballina Shire Council SECOND RESPONDENT Minister for Planning
FILE NUMBER(S) : 40098 of 2009
CORAM: Sheahan J
KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- Exhibition of draft amendments to environmental planning instruments - allegation that exhibiton and subsequent amendments invalidated by misleading information - test to be applied
Local Government Act 1993 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ballina Local Environmental Plan 1987
Canterbury District Residents and Ratepayers Association Inc v Canterbury Municipal Council (1991) 73 LGRA 317 Castle Constructions Pty Limited v North Sydney Council & Anor (2008) NSWLEC 137 Coles Supermarkets Australia Pty Ltd v Minister for Urban Affairs and Planning (1996) 90 LGERA 341 CASES CITED: El Cheikh v Hurstville City Council (2002) 121 LGERA 293 Gales Holdings Pty Ltd v Minister for Infrastructure and Planning (2006) 69 NSWLR 156 Litevale Pty Ltd v Lismore City Council (1997) 96 LGERA 91 Smith v Wyong Shire Council (2003) 132 LGERA 148 Vanmeld Pty Ltd v Fairfield City Council (1999) 46 NSWLR 78
DATES OF HEARING: 26 and 27 May 2009
DATE OF JUDGMENT: 9 October 2009
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