NSW Caselaw
New South Wales Court of Appeal
CITATION: Castle Constructions Pty Limited v North Sydney Council [2009] NSWCA 169
HEARING DATE(S): 24 June 2009
JUDGMENT DATE: 24 June 2009
JUDGMENT OF: Campbell JA at 1, 36; Macfarlan JA at 35
EX TEMPORE JUDGMENT DATE: 24 June 2009
DECISION: Application for leave to appeal dismissed with costs.
CATCHWORDS: APPEAL – appeal – Land and Environment Court – leave to appeal to the Court of Appeal – whether to grant leave to appeal under section 57(4) Land and Environment Court Act 1979 – appeal from a section 56A decision of a judge of the Land and Environment Court – factors influencing the decision whether or not to grant leave to appeal – whether the existence of a subsequent successful development application is a ground to refuse leave – weight to be given to a draft Local Environmental Plan not properly exhibited to the public – weight to be given to procedural history which discloses multiple rejections of the Development Application on the merits – whether appeal has sufficient prospects of success – ENVIRONMENT AND PLANNING – building control – decision to grant Development Approval – Land and Environment Court – appeal from decision of a Commissioner under section 56A Land and Environment Court Act – proper approach to reviewing findings of a Commissioner – review of findings should be taken as a whole and in their context
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
CATEGORY: Principal judgment
Castle Constructions Pty Ltd v North Sydney Council [2006] NSWLEC 5 Castle Constructions Pty Ltd v North Sydney Council [2006] NSWLEC 468 Castle Constructions Pty Ltd v North Sydney Council [2007] NSWCA 164; (2007) 155 LGERA 52 CASES CITED: Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 1168 Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 239 Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 1456 Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 137 Castle Constructions Pty Ltd v North Sydney Council [2009] NSWLEC 18
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