Residents Against Improper Development Incorporated & Anor v Chase Property Investments Pty Ltd [2006] NSWCA 323

Reported Decision : 149 LGERA 360

New South Wales Court of Appeal

CITATION: Residents Against Improper Development Incorporated & Anor v Chase Property Investments Pty Ltd [2006] NSWCA 323

HEARING DATE(S): 17 Octobr 2006

JUDGMENT DATE: 23 November 2006

JUDGMENT OF: Giles JA at 1; Tobias JA at 2; McClellan CJ at CL at 211

DECISION: (a) In proceedings No. CA40090/06 extend the time in which the first appellant is to file the summons for leave to appeal up to and including 17 October 2006; (b) Grant leave to appeal with respect to the decision of Pain J of 23 August 2005; (c) Appeal allowed in part; (d) Set aside her Honour's answer to the question "Whether Development Application No X05/0412 is designated development under the Environmental Planning and Assessment Act 1979"; and answer that question "Yes"; (e) In proceedings No. CA 40714/06 order that the decision of Commissioner Bly in proceedings No 10720/05 in the Land and Environment Court of New South Wales on 10 February 2006 be quashed; (f) As to all proceedings; (i) The first appellant to pay the respondent's costs of the proceedings before Pain J with respect to Question 1 and the respondent to pay the first appellant's costs of those proceedings with respect to Question 2, the costs in each case to be set off against each other; (ii) The second appellant to pay the respondent's costs in the proceedings before Pain J with respect to Question 1; (iii) The appellants to pay the respondent's costs in this Court with respect to Question 1 determined by Pain J and the respondent to pay the first appellant's costs in this Court with respect to Question 2, the costs in each case as between the first appellant and the respondent to be set off against each other; (g) The parties against whom such costs orders have been made to have to a certificate under the Suitor's Fund Act 1951, if otherwise qualified.