Strathfield Municipal Council v. Franklins Limited [1998] NSWLEC 107

Land and Environment Court of New South Wales

CITATION : Strathfield Municipal Council v. Franklins Limited [1998] NSWLEC 107 APPLICANT Strathfield Municipal Council PARTIES : RESPONDENT Franklins Limited FILE NUMBER(S) : 40096 of 1998 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: The Minister for Immigration and Ethnic Affairs; exparte Lai Qin 1997 186 CLR at 622; Hayden Theatres Pty Limited v Penrith Council (unreported 1 April 1998). DATES OF HEARING: 22/05/98 EX TEMPORE JUDGMENT DATE : 05/22/1998

APPLICANT Mr Kondilios, Solicitor Dunhill Madden Butler

LEGAL REPRESENTATIVES: RESPONDENT Ms J C Kelly, Barrister Gadens

JUDGMENT:

This is an application for costs brought by the Council in class 4 proceedings which were filed on 11 May this year in which the Council sought a declaration concerning the currency in force of a condition of development consent which had been granted by the Council in 1996 for the use by the Respondent of a large supermarket in Strathfield.

The proceedings came before the Court for the first time on 15 May, 1998 (that is last Friday) and on that occasion the Council obtained leave to file an amended application which included in paragraph 1A a claim for interlocutory injunction. In the event the claim for interlocutory injunction did not proceed to a hearing last Friday. I should note that the Respondent was opposed to a hearing on that occasion and sought an opportunity, if the matter was to be proceeded with, to put on evidence. However, in the event the parties agreed that the reserved decision of Sheahan J in class one proceedings between the same parties heard by his Honour in February this year, could have a vital and decisive bearing upon the dispute between the parties, and with the parties concurrence I adjourned the matter before me to inquire of his Honour as to when he expected to give judgment in the class one proceedings which involved an appeal or a section 102 modification application - I think the former - against the imposition of condition 10B of the Development Consent, that is the very condition the subject of the present class 4 proceedings.