NSW Caselaw
Land and Environment Court of New South Wales
CITATION : BYT Nominees Pty Limited v North Sydney Council (No 3) [2008] NSWLEC 294 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT BYT Nominees Pty Limited PARTIES : RESPONDENT North Sydney Council
FILE NUMBER(S) : 11338 of 2007
CORAM: Preston CJ
KEY ISSUES: Costs :- Class 1 proceedings - preliminary question of law - threshold question preliminary to merits consideration - fair and reasonable to order costs
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Div 10 Pt 4, Pt 5, s 97, s 106, s 107, s 108 Land and Environment Court Rules 2007 Pt 3 r 3.7
BYT Nominees Pty Limited v North Sydney Counil [2008] NSWLEC 164 (5 May 2008) BYT Nominees Pty Limited v North Sydney Counil (No 2) [2008] NSWLEC 228 (29 July 2008) CASES CITED: Dosan v Rockdale City Council (2001) 117 LGERA 363 No Dump Residents Association Inc v Collex Pty Limited (No 2) [2005] NSWLEC 136 (29 March 2005) Port Stephens Council v Sansom (2007) 156 LGERA 125
DATES OF HEARING: 14 October 2008
EX TEMPORE JUDGMENT DATE : 14 October 2008
APPLICANT Mr I Hemmings (barrister) SOLICITORS Hones La Hood Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles (barrister) SOLICITORS Mallesons Stephen Jaques
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