NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Stannic Securities Pty Ltd v Wyong Shire Council [2010] NSWLEC 249 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT: Stannic Securities Pty Ltd
PARTIES : RESPONDENT: Wyong Shire Council
THIRD PARTY: Minister for Planning
FILE NUMBER(S) : 10579 of 2010
CORAM: Biscoe J
KEY ISSUES: DEVELOPMENT APPLICATION :- contributions towards provision or improvement of amenities or services under s 94 Environmental Planning and Assessment Act 1979 - quantum - effect of directions made by Minister pursuant to s 94E is not to cap the quantum of s 94 contributions lawfully leviable by respondent council in respect of subject development application
Environmental Planning and Assessment Act 1979, ss 94, 94B, 94E, 97 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000, cl 26(3) Interpretation Act 1987, s 33 Land and Environment Court Act 1979, s 64
Harrison v Melhem [2008] NSWCA 67, 72 NSWLR 380 Parks and Playgrounds Movement Inc v Newcastle City Council [2010] NSWLEC 231 CASES CITED: Patman v Fletcher's Fotographics Pty Ltd (1984) 6 IR 471 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28, 194 CLR 355 Saeed v Minister for Immigration and Citizenship [2010] HCA 23, 84 ALJR 507 Sheehan v State Rail Authority of NSW [2009] NSWCA 261
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