NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gales-Kingscliff Pty Ltd v Tweed Shire Council (No. 3) [2007] NSWLEC 820 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Gales-Kingscliff Pty Ltd PARTIES : RESPONDENT Tweed Shire Council
FILE NUMBER(S) : 10775 of 2007
CORAM: Preston CJ
Development Consent :- conditions - condition that development consent does not authorise the clearing or removal of trees KEY ISSUES: Costs :- applicant seeks costs in relation to unsuccessful application by Council to amend its statement of facts and contentions to raise further issue that endangered ecological community exists on the subject land - applicant relies on finding that Council did not comply with Practice Note Class 1 - Development Appeals - applicant participated without objection in the preparation of the matter - applicant did not demur from the Court making directions for the further preparation of the matter or submit that there was a need to formally apply to amend the statement of facts and contentions - not fair and reasonable in the circumstances to order costs against the Council - no order for costs made
LEGISLATION CITED: Land and Environment Court Rules 1996 Part 16, r 4(2)
CASES CITED: Gales-Kingscliff Pty Ltd v Tweed Shire Council [2007] NSWLEC 683; Gales-Kingscliff Pty Ltd v Tweed Shire Council (No. 2) [2007] NSWLEC 817
DATES OF HEARING: 23 November 2007
EX TEMPORE JUDGMENT DATE : 23 November 2007
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