Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 239

Land and Environment Court of New South Wales

CITATION : Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 239

APPLICANT: Castle Constructions Pty Ltd PARTIES : RESPONDENT: North Sydney Council

FILE NUMBER(S) : 11010 of 2005

CORAM: Biscoe J

KEY ISSUES: Appeal :- from Commissioner on question of law - whether failure to afford procedural fairness by making findings without giving opportunity to make submissions in relation to findings - whether failure to consider evidence which was material to ultimate decision.

Environmental Planning and Assessment Act 1979 (NSW), s 65 LEGISLATION CITED: Land and Environment Court Act 1979 (NSW), s 56A North Sydney Council Development Control Plan 2002 North Sydney Local Environmental Plan 2001, cll 28A, 28D(1)(a), 30, Division 4, Division 5

Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Canham v Australian Guarantee Corporation Ltd (1993) 31 NSWLR 246 Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 1168 Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 137 Castle Constructions Pty Ltd v Director-General, Department of Planning (2007) 157 LGERA 76 Castle Constructions Pty Ltd v North Sydney Council [2007] NSWLEC 563 CASES CITED: Castle Constructions Pty Ltd v North Sydney Council [2007] NSWLEC 459 Castle Constructions Pty Ltd v North Sydney Council (2007) 155 LGERA 52 Castle Constructions Pty Ltd v North Sydney Council [2006] NSWLEC 468 Castle Constructions v North Sydney Council [2006] NSWLEC 5 Design Power Associates Pty Ltd v Willoughby City Council (2005) 148 LGERA 233 Gales Holdings Pty Ltd v Minister for Infrastructure and Planning (2006) 69 NSWLR 156 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24