Baker Kavanagh Architects Pty Limited v City of Sydney Council [2007] NSWLEC 794

Land and Environment Court of New South Wales

CITATION : Baker Kavanagh Architects Pty Limited v City of Sydney Council [2007] NSWLEC 794

APPLICANT: Baker Kavanagh Architects Pty Limited PARTIES : RESPONDENT: City of Sydney Council

FILE NUMBER(S) : 11031 of 2007

CORAM: Biscoe J

KEY ISSUES: Practice and Procedure :- application for expedition – class 1 appeal against refusal of development consent – if these proceedings unsuccessful related Supreme Court proceedings re contract for sale of land unlikely to be proceeded with.

DATES OF HEARING: 23 October 2007

EX TEMPORE JUDGMENT DATE : 23 October 2007

APPLICANT: Mr J Kosmin SOLICITORS Kosmin and Associates LEGAL REPRESENTATIVES: RESPONDENT: Ms N Johnston SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

23 October 2007

11031 of 2007

BAKER KAVANAGH ARCHITECTS PTY LIMITED v CITY OF SYDNEY COUNCIL

EXTEMPORE JUDGMENT 1 HIS HONOUR: This is a motion for expedition of the hearing by the applicant in this class 1 appeal against the respondent council's refusal of the applicant's development application D/2007/88, in respect of land at 140-144 Cleveland Street, Chippendale. 2 The applicant is the architect for the purchaser of that property pursuant to a contract for sale dated 7 November 2006. The purchase price under the contract was $4,500,000 in respect of which a deposit of $225,000 has been paid. The time for completion of the sale under the contract was 1 July 2007.