NSW Caselaw
Reported Decision : 171 LGERA 104
Land and Environment Court of New South Wales
CITATION : Nikolaidis v Pittwater Council [2009] NSWLEC 227
APPLICANTS Leon and Brigitte Nikolaidis PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 10473 of 2009
CORAM: Preston CJ
KEY ISSUES: PRACTICE AND PROCEDURE :- abuse of process - motion to dismiss appeal against refusal of development application - prior appeal against refusal of modification application - development the subject of later appeal same as prior appeal - whether abuse of process - appeals different in nature and hence different processes of the court - later appeal not abuse of process.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 78A, 79C, 80, 96 and 97 Uniform Civil Procedure Rules 2005, Part 13 r 13.4
Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 226 CLR 256 Edwards v The Hills Shire Council [2009] NSWLEC 187 Nikolaidis v Pittwater Council [2007] NSWLEC 678 CASES CITED: Progress & Securities Pty Limited v North Sydney Municipal Council (1988) 66 LGRA 236 Rogers v The Queen [1994] HCA 42; (1994) 181 CLR 251 Russo v Kogarah Municipal Council [1999] NSWCA 303; (1999) 105 LGERA 290 Wiest v The Director of Public Prosecutions (1988) 23 FCR 472 Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509
DATES OF HEARING: 21 December 2009
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