NSW Caselaw
Land and Environment Court of New South Wales
CITATION : H & W Pty Ltd v Lane Cove Council [2010] NSWLEC 87 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT H & W Pty Ltd PARTIES : RESPONDENT Lane Cove Council
FILE NUMBER(S) : 10126 of 2010
CORAM: Craig J
KEY ISSUES: COSTS :- application to discontinue proceedings - reasonable in the circumstances - recent decision changing jurisprudence concerning existing use provisions of the Regulation - supervening event - not fair and reasonable to make a costs order against party applying to discontinue due to that event
Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Lane Cove Environmental Plan 1987 Lane Cove Environmental Plan 2009 State Environmental Planning Policy No 1
Iris Diversified Property Pty Ltd v Randwick City Council [2010] NSWLEC 58 CASES CITED: Manly Warringah Rugby Leagues Club Pty Ltd v Warringah Council [2006] NSWLEC 88 Port Stephens Council v Sansom [2007] NSWCA 299; (2007) 156 LGERA 125 Wehbe v Pittwater Council [2007] NSWLEC 827; 156 LGERA 446
DATES OF HEARING: 31 May 2010
EX TEMPORE JUDGMENT DATE : 31 May 2010
APPLICANT A Hudson, Solicitor of Wilshire Webb Staunton Beattie Lawyers LEGAL REPRESENTATIVES: RESPONDENT D Wilson (Barrister) SOLICITOR Pikes Lawyers
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate