NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Neate v Shellharbour City Council (No 2) [2007] NSWLEC 541
APPLICANT David Neate PARTIES : RESPONDENT Shellharbour City Council
FILE NUMBER(S) : 10337 of 2006
CORAM: Pain J
KEY ISSUES: Appeal :- errors of law by Senior Commissioner - whether exclusionary remitter order should be made under s56A(2) of the Land and Environment Court Act - whether reasonable apprehension of pre-judgment by Senior Commissioner.
LEGISLATION CITED: Land and Environment Court Act 1979, s56A Shellharbour City Council Floodplain Risk Management Development Control Plan 2006
Baulkham Hills Shire Council v Basemount Pty Ltd (2003) 126 LGERA 339; Castle Constructions Pty Ltd v North Sydney Council [2007] NSWCA 164; CASES CITED: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; Neate v Shellharbour City Council [2007] NSWLEC 526; Preferred Projects (Buildings) Pty Ltd v Warringah Council (1999) 106 LGERA 144
DATES OF HEARING: 24 August 2007
DATE OF JUDGMENT: 28 August 2007
APPLICANT Mr C W McEwen SC Mr M Staunton SOLICITOR Wilshire Webb Staunton Beattie LEGAL REPRESENTATIVES:
RESPONDENT Mr T Howard SOLICITOR Kells The Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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