Kindimindi Investments Pty. Limited v. Lane Cove Council & Anor [2007] NSWCA 38

Reported Decision: 150 LGERA 333

New South Wales Court of Appeal

CITATION: Kindimindi Investments Pty. Limited v. Lane Cove Council & Anor [2007] NSWCA 38 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 28 February 2007 JUDGMENT OF: Hodgson JA at 1, 50, 58; Tobias JA at 27; McColl JA at 40

EX TEMPORE JUDGMENT DATE: 28 February 2007

DECISION: 1. Leave to appeal granted. 2. Notice of Appeal to be filed within 14 days. 3. Appeal dismissed with costs.

CATCHWORDS: ADMINISTRATIVE LAW - ENVIRONMENT LAW - LOCAL GOVERNMENT - Powers of Land and Environment Court - Invalidity of development consent - Order under s.25B of Land and Environment Court Act 1979 specifying terms compliance with which would validate consent - Whether power to make such order limited to cases of invalidity arising from steps preliminary to granting the consent - COSTS - Public interest litigation - Costs of appeal

LEGISLATION CITED: Land and Environment Court Act 1979 ss.25A, 25B, 25E.

Blue Metal and Gravel Country v Bombala Shire Council (1992) 26 NSWLR 292 Centro Properties Limited v Warringah Council [No.2] (2003) 132 LGERA 45 CASES CITED: Glowpace Pty Limited v South Sydney City Council (2000) 111 LGERA 84 GPT Re Limited v Wollongong City Council [No 2] (2006) NSW LEC 401 Noble v Cowra Shire Council (2001) 114 LGERA 440 Woolworths Limited v Wyong Shire Council (2005) NSWLEC 67

Kindimindi Investments Pty. Limited - claimant PARTIES: Lane Cove Council - 1st opponent Fabcot Pty. Limited - 2nd opponent