NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Zaymill Pty Ltd and Maksim Holdings Pty Ltd v Ryde City Council [2009] NSWLEC 142
APPLICANT: Zaymill Pty Limited and Maksim Holdings Pty Limited PARTIES : RESPONDENT: Ryde City Council
FILE NUMBER(S) : 40109 of 2009
CORAM: Biscoe J
KEY ISSUES: COSTS :- class 4 proceedings – prior to commencing proceedings applicant requests council to acknowledge that works undertaken constituted physical commencement and that consent had not lapsed but council declines to state whether or not that was so – applicant obtains declaration that development consent granted by respondent council had not lapsed – council files submitting appearance save as to costs – whether council should be ordered to pay applicant's costs
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 95(4)
Cutcliffe v Lithgow City Council [2006] NSWLEC 463, (2006) 147 LGERA 330 CASES CITED: Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 47 Zaymill Pty Limited and Maksim Holdings Pty Limited v Ryde City Council [2009] NSWLEC 86
DATES OF HEARING: 14 August 2009
EX TEMPORE JUDGMENT DATE : 14 August 2009
APPLICANT: Mr C Gough SOLICITORS Storey and Gough LEGAL REPRESENTATIVES: RESPONDENT: Mr J Strati SOLICITORS The City of Ryde
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