NSW Caselaw
Land and Environment Court of New South Wales
CITATION : S J Connelly Pty Ltd v Ballina Shire Council [2010] NSWLEC 167 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT: S J Connelly Pty Ltd PARTIES : RESPONDENT: Ballina Shire Council
FILE NUMBER(S) : 10274 of 2010
CORAM: Biscoe J
KEY ISSUES: COSTS :- applicant allowed to file an amended development application - Court not satisfied that only a minor amendment - therefore costs order made against applicant as mandated by s 97B(2) Environmental Planning and Assessment Act 1979.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97B
Futurespace Pty Ltd v Ku-Ring-Gai Council [2009] NSWLEC 153, 169 LGERA 45 CASES CITED: Globe Capital Properties Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1415 Groeneveld v Wollongong City Council [2009] NSWLEC 149 Nanevski Developments Pty Ltd v Rockdale City Council [2009] NSWLEC 1423
DATES OF HEARING: 7 September 2010
EX TEMPORE JUDGMENT DATE : 7 September 2010
APPLICANT: Mr S Nash SOLICITORS McCartney Young Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Mr T Cregan SOLICITORS Allens Arthur Robinson
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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