P Cave v The Council of the City of Gosford [1988] NSWLEC 165

Land and Environment Court of New South Wales

CITATION : P Cave v The Council of the City of Gosford [1988] NSWLEC 165 APPLICANT P. Cave PARTIES : RESPONDENT The Council Of The City Of Gosford FILE NUMBER(S) : 20545 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act, 1979 CASES CITED: Double Bay Marina Pty Limited v. Woollahra Municipal Council, DATES OF HEARING: DATE OF JUDGMENT: 03/18/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This is a motion by Harold Sperling, an adjoining owner to the applicant for development consent which is now the subject of an appeal to this Court.

The applicant has no right without the order of this Court to give evidence or to appear in person, and that application is opposed by both the applicant for consent and the consent authority, the Council of the City of Gosford.

The applicant relies upon the finding of Cripps J., as he then was, in Double Bay Marina Pty Limited v. Woollahra Municipal Council, 54 L.G.R.A., 313 at 314. In that case an adjoining owner was given leave in Class 1 proceedings to appear as a party to the proceedings on the basis of the Court's powers pursuant to s.38 of the to obtain assistance from any person having professional or other qualifications relevant to any issue arising for determination of proceedings, and the right to receive in evidence any certificates of such person, and further to conduct the proceedings without compliance with the rules of evidence.

I will not set out the full basis of the application. I am not satisfied on the evidence that a case has been made out that the adjoining owner is entitled to appear in these proceedings with the full rights and obligations of a party.