Moore v Kiama Council [2010] NSWLEC 1045

Land and Environment Court of New South Wales

CITATION : Moore v Kiama Council [2010] NSWLEC 1045

APPLICANT G Moore PARTIES : RESPONDENT Kiama Council

FILE NUMBER(S) : 10279 of 2009

CORAM: Moore SC

KEY ISSUES: DISCRETION - PRACTICE AND PROCEDURE :- Application to re-open

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005

CASES CITED: Moore v Kiama Council [2009] NSWLEC 1362 Autodesk Inc and another v Dyason and others (1993) 176 CLR 300

DATES OF HEARING: 24 February 2010

EX TEMPORE JUDGMENT DATE : 24 February 2010

APPLICANT Mr J Doyle, barrister INSTRUCTED BY Access Law Group LEGAL REPRESENTATIVES: RESPONDENT Mr M Seymour, barrister INSTRUCTED BY RMB Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore SC

24 February 2010

10279 of 2009 Moore v Kiama Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 SENIOR COMMISSIONER: This Notice of Motion is an application made by the development proponent in the proceedings seeking to reopen the proceedings to deal with matters relating to development contributions levied pursuant to s 94 of the Environmental Planning and Assessment Act 1979 (the Act) by Kiama Council (the council) as part of the development consent granted by me in orders of the Court made in the decision given on 2 November 2009 (see Moore v Kiama Council [2009] NSWLEC 1362). Subsequent to the decision of 2 November 2009, the matter was mentioned before me on 24 November.