NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Globe Capital Properties Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1415
APPLICANT Globe Capital Properties Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10495 of 2009
CORAM: Tuor C - Dixon C
KEY ISSUES: COSTS - DEVELOPMENT APPLICATION :- application for amended plans whether amendments not "minor" and therefore require cost order under s97B
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Groeneveld v Wollongong City Council [2009] NSWLEC149 CASES CITED: Coshott v Woollahra Council [1996] NSWLC256 Futurespace Pty Ltd v Ku ring gai Council [2009] NSW LEC 153
DATES OF HEARING: 1 December 2009
DATE OF JUDGMENT: 17 December 2009
APPLICANT Mr I Hemmings, barrister SOLICITORS LEGAL REPRESENTATIVES: Veritas Legal RESPONDENT Mr M Craig, SC SOLICITORS HWL Ebsworth Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Dixon C Tuor C
17 December 2009
10495 of 2009 Global Capital Properties Pty Ltd v Ku-ring-gai Council
JUDGMENT Introduction 1 The Court has allowed the applicant, Global Capital Properties Pty Ltd, leave to file an amended development application in its appeal under s 97 of the Environment Planning and Assessment Act 1979 (the Act) against the refusal by Ku-ring-gai Council (the council) of a development application for a residential flat building at 6A-8 Buckingham Road, Killara (the site).
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