NSW Caselaw
Reported Decision: 171 LGERA 152[2010] ALMD 3113
New South Wales Court of Appeal
CITATION: HASTINGS CO-OPERATIVE LTD v PORT MACQUARIE HASTINGS COUNCIL [2009] NSWCA 400
HEARING DATE(S): 3 November 2009
JUDGMENT DATE: 8 December 2009
JUDGMENT OF: Allsop P at 1; Basten JA at 2; Handley AJA at 41
DECISION: (1) Appeal dismissed. (2) Appellant to pay the second respondent's costs in this Court.
CATCHWORDS: ENVIRONMENT AND PLANNING – development control – prohibited development – shops prohibited by zoning table – proviso to definition of shop – proviso consisting of building or place elsewhere specifically defined or place used for land use elsewhere specifically defined – general store defined as type of shop – whether general store falls within scope of proviso - STATUTORY INTERPRETATION – environment and planning – overall context of planning instrument – identification of coherent theme or policy underlying instrument – whether anomaly in interaction of definitional and substantive provisions – whether operation of definition should be denied within specific substantive provision - WORDS AND PHRASES – "building or place" – "general store" – "prohibited development" – "shop"
Environmental Planning and Assessment Act 1979 (NSW), ss 4, 101 LEGISLATION CITED: Hastings Local Environmental Plan 2001 (NSW), cll 6, 9, Sch 2 Interpretation Act 1987 (NSW), s 6
CATEGORY: Principal judgment
Calleja v Botany Bay City Council [2005] NSWCA 337; 142 LGERA 104 Cranbrook School v Woollahra Municipal Council [2006] NSWCA 155; 66 NSWLR 379 Delaney v Staples [1992] 1 AC 687 CASES CITED: K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd [1985] HCA 48; 157 CLR 309 Kelly v The Queen [2004] HCA 12; 218 CLR 216 Manly Council v Malouf t/as Fusion Point [2004] NSWCA 299; 61 NSWLR 394 No 2 Cannon Street Ltd v Singer & Friedlander Ltd [1974] Ch 229 Repatriation Commission v Vietnam Veterans' Association of Australia NSW Branch Inc [2000] NSWCA 65; 48 NSWLR 548
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