Huang v Parramatta City Council [2009] NSWLEC 1227

Land and Environment Court of New South Wales

CITATION : Huang v Parramatta City Council [2009] NSWLEC 1227

APPLICANT Uky Huang PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10085 of 2009

CORAM: Acting Registrar Gray

KEY ISSUES: COSTS :- Amended development application - construction of s 97B

Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 s 97B LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Interpretation Act 1987 Land and Environment Court Act 1979

CASES CITED: Cachia v Manly Council (No 2) [2009] NSWLEC 1107

DATES OF HEARING: 20 May 2009

DATE OF JUDGMENT: 21 May 2009

APPLICANT Mr J Doyle

LEGAL REPRESENTATIVES: RESPONDENT Mr D Loether, solicitor DLA Phillips Fox

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

ACTING REGISTRAR GRAY

THURSDAY 21 MAY 2009

10085/09 - Uky Huang v Parramatta Council

JUDGMENT

1 ACTING REGISTRAR: This matter was before me yesterday for directions and at that time Parramatta Council, the respondent in the proceedings, asked for a costs order to be made pursuant to s 97B of the Environmental Planning and Assessment Act 1979.

2 The proceedings concern an appeal against a refusal by the Council for the development for, and use of, premises leased by the applicant as a brothel. An appeal against that same decision was lodged in May 2008 but was ultimately discontinued. When the proceedings first came before me for a directions hearing on 12 March 2009, there was some confusion surrounding the development application that formed the subject of the appeal. This confusion was articulated in a Statement of Facts and Contentions filed by the respondent, which indicated that the material filed with the application to the Court was not the material that was before Council when it made its determination.