NSW Caselaw
Reported Decision: 174 LGERA 446
New South Wales Court of Appeal
CITATION: Calardu Penrith Pty Ltd v Penrith City Council & Anor [2010] NSWCA 189 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 26 July 2010, 27 July 2010
JUDGMENT DATE: 6 August 2010
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 7; McColl JA at 80
DECISION: Appeal dismissed with costs
CATCHWORDS: ENVIRONMENT AND PLANNING – development control – consent – whether Council acted ultra vires in purporting to grant development consent – whether development had capital investment value exceeding $10 million – whether tenancy fit-out costs included in determination of capital investment value
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Major Development) 2005
CATEGORY: Principal judgment
CASES CITED: Calardu Penrith Pty Ltd v Pipven Pty Ltd [2009] NSWLEC 119
Calardu Penrith Pty Ltd PARTIES: Penrith City Council Pipven Pty Limited
FILE NUMBER(S): CA 2010/107056
A: A Galasso SC / M Wright COUNSEL: 1R: J Robson SC / A Stafford 2R: J Griffiths SC/M Allars (Ms)
A: Mallesons Stephen Jaques, Sydney SOLICITORS: 1R: Sparke Helmore, Sydney 2R: Norton Rose Australia, Sydney
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): L&E 40913/09
LOWER COURT JUDICIAL OFFICER: Biscoe J
LOWER COURT DATE OF DECISION: 1 April 2010
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