Gregory Travis Robinson v. Pittwater Council [1998] NSWLEC 132

Land and Environment Court of New South Wales

CITATION : Gregory Travis Robinson v. Pittwater Council [1998] NSWLEC 132 APPLICANT Gregory Travis Robinson PARTIES : RESPONDENT Pittwater Council FILE NUMBER(S) : 10682 of 1996 CORAM: Pearlman J KEY ISSUES: :- LEGISLATION CITED: Kammins Ballrooms Co Ltd v Zenith Investments (Torquay) Ltd (1971) AC 850 at 880).; CASES CITED: Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1980) 35 ALR 151 at 169.; Isaacs J in Bull v Attorney-General (NSW) (1913) 17 CLR 370). DATES OF HEARING: 18/03/98, 04/06/98 DATE OF JUDGMENT: 06/19/1998

APPLICANT Mr A R Moses, Barrister LEGAL REPRESENTATIVES: RESPONDENT Mr I J Hemmings, Barrister Mallesons Stephen Jaques

JUDGMENT: On 22 April 1998, I determined a preliminary question of law in proceedings no 10683/1996. Those proceedings involved an appeal by the applicant, Mr Robinson, against the refusal of the respondent, Pittwater Council ("the council") to grant a modification of a development consent under s 102 of the Environmental Planning and Assessment Act 1979.

In my judgment, I noted, however, that an additional question had arisen for determination, but, for the reasons I then gave, I declined to deal with that question in connection with the s 102 application. Instead, I offered to deal with it, if the parties so wished, and without the necessity for additional submissions, in connection with the applicant's pending appeal against the council's deemed refusal to grant consent to a subdivision in respect of the subject land (proceedings no 10682/1996).