NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Those Best Placed Pty Ltd v Tweed Shire Council [2010] NSWLEC 83
FIRST APPLICANT: Those Best Placed Pty Ltd
PARTIES : SECOND APPLICANT: Sandra Schultz
RESPONDENT: Tweed Shire Council
FILE NUMBER(S) : 40719 of 2009
CORAM: Biscoe J
KEY ISSUES: PRACTICE AND PROCEDURE :- Summary dismissal of class 4 proceedings on ground that no reasonable cause of action is disclosed.
Environmental Planning and Assessment Act 1979, ss 79C, 80A, 81, 82, 107, 123, 149 Environmental Planning and Assessment Regulation 2000, cl 97, 279 Land and Environment Court Act 1979, s 20 LEGISLATION CITED: Local Government Act 1993, ss 68, 77, 82, 89, 99, 100, 176, 179, 440A, 674 Local Government (General) Regulation 2005, cll 16, 46, 47 Supreme Court Act 1970, ss 65, 69, 82 Uniform Civil Procedure Rules 2005, r 13.4
Agar v Hyde [2000] HCA 41, 201 CLR 552 CASES CITED: McGuirk v The University of New South Wales [2009] NSWSC 1424 Waverley Council v Hairis Architects [2002] NSWLEC 180, 123 LGERA 100 Webster v Lampard [1993] HCA 57, 177 CLR 598
DATES OF HEARING: 4 February 2010; 8 February 2010
DATE OF JUDGMENT: 27 May 2010
APPLICANTS: Mr A Crowther (agent) SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr J Ayling SC SOLICITORS: HWL Ebsworth
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