Castle Constructions Pty Limited v North Sydney Council [2008] NSWLEC 1355

Land and Environment Court of New South Wales

CITATION : Castle Constructions Pty Limited v North Sydney Council [2008] NSWLEC 1355

APPLICANT Castle Constructions Pty Limited PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10654 of 2008

CORAM: Bly C

KEY ISSUES: Appeal :- Notice of Motion to recuse Commissioner from presiding over a case management

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

Castle Constructions Pty Limited v North Sydney Council [2008] NSWLEC 1168 CASES CITED: Ebner v Official Trustee in Bankruptcy [2000] 205 CLR 337 Preferred Projects (Buildings) Pty Limited v Warringah Council BC9908351 Australian National Industries Limited v Spedley Securities Limited (1992) NSWLR 411 at 422

DATES OF HEARING: 15/08/2008

EX TEMPORE JUDGMENT DATE : 15 August 2008

APPLICANT Mr T. Robertson, SC Instructed by: Mallesons Stephen Jaques LEGAL REPRESENTATIVES:

RESPONDENT Ms H. Irish, barrister Instructed by: McLachlan Thorpe Partners

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

15 August 2008

10654 of 2008 Castle Constructions Pty Limited v North Sydney Council

JUDGMENT 1 The Chief Judge has allocated this Class 1 appeal involving a residential flat building and mixed use development at 136-140 Walker Street, North Sydney, to me for case management. The respondent council filed in Court on 14 August 2008 a Notice of Motion seeking orders that I recuse myself from presiding over this case management. That Notice of Motion and the attached affidavit of Mark Nathan Jaku does not disclose any reasoning to support the motion, such reasoning being provided at the hearing.