NSW Caselaw
New South Wales Court of Appeal
CITATION: Those Best Placed Pty Ltd v Tweed Shire Council [2010] NSWCA 309
HEARING DATE(S): 16 November 2010 JUDGMENT OF: Allsop P at [1], [11]; Macfarlan JA at [2]
EX TEMPORE JUDGMENT DATE: 16 November 2010
DECISION: The application for leave to appeal is dismissed with costs. [Note: The Uniform Civil Procedure Rules provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16].
CATCHWORDS: PRACTICE - leave to appeal refused - no question of principle involved
LEGISLATION CITED: Environmental Planning and Assessment Regulation Land and Environment Court Act 1979
CATEGORY: Principal judgment
Carolan v AMF Bowling Pty Ltd (t/as Bennett's Green Bowl) [1995] NSWCA 69 CASES CITED: Fink v Beaven [2010] NSWCA 92 In the Matter of Luck [2003] HCA 70; (2003) 78 ALJR 177 Tampion v Anderson (1974) 48 ALJR 11
PARTIES: Those Best Placed Pty Ltd (Applicant) Tweed Shire Council (Respondent)
FILE NUMBER(S): CA 2010/240352
COUNSEL: A Crowther (Applicant's Agent) J A Ayling SC (Respondent)
SOLICITORS: A Crowther (Applicant's Agent) HWL Ebsworth Lawyers (Respondent)
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): 2009/40719
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