Sealark P/L v Shoalhaven City Council [2002] NSWCA 39

New South Wales Court of Appeal

CITATION : Sealark P/L v Shoalhaven City Council [2002] NSWCA 39 FILE NUMBER(S) : CA 40680 of 2000 HEARING DATE(S) : 30/11/01 JUDGMENT DATE : 28 February 2002

Sealark Pty Limited PARTIES : v Shoalhaven City Council JUDGMENT OF : Meagher JA at 1; Foster AJA at 18; Ipp AJA at 43

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT LEC 10769 of 1999 FILE NUMBER(S) : LOWER COURT Bignold J JUDICIAL OFFICER :

COUNSEL : A: J Rares SC with J Robson R: J Webster SOLICITORS : A: Blake Dawson Waldron R: Morton & Harris CATCHWORDS : Development application - approval sought for subdivision of land - whether council had power to grant application - appeal dismissed. DECISION : Appeal dismissed with costs.

- 4 -IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40680 of 2000 LEC 10769 of 1999 MEAGHER JA IPP JA FOSTER AJA Thursday, 28 February 2002 SEALARK PTY LIMITED v SHOALHAVEN CITY COUNCIL

Facts

The appellant lodged a development application with Shoalhaven City Council proposing the excision of five concessional allotments out of two holdings. The Council refused the application on the basis that it had no power to grant such a subdivision. At trial, the Council's decision was affirmed. In this appeal, the appellant contended that Council did not relevantly lack power and because of the decision reached by both the trial judge and Council, it had been denied consideration of its application on the merits.