Wollongong City Council v Vic Vellar Nominees Pty Ltd [2011] NSWLEC 60

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong City Council v Vic Vellar Nominees Pty Ltd [2011] NSWLEC 60 Hearing dates: 3 March 2011 Decision date: 07 April 2011 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Council's notice of motion dismissed; (2) orders made on Vic Vellar's notice of motion; (3) costs of both notices of motion to be costs in enforcement proceedings. Catchwords: PRACTICE AND PROCEDURE:- whether Council obtaining favourable answer to preliminary question should have summary judgment in Class 4 enforcement proceedings and Class 1 subdivision appeal - whether other party should have opportunity to pursue pending application to modify development consent, carry out works if modification granted, and pursue pending subdivision appeal Legislation Cited: Civil Procedure Act 2005 s 149B Environmental Planning and Assessment Act 1979 ss 76A, 76B, 124 Uniform Civil Procedure Rules 2005 rr 13.1, 28.4 Wollongong Local Environmental Plan 1990 Cases Cited: Wollongong City Council v Vic Vellar Nominees Pty Ltd [2010] NSWLEC 266 Category: Procedural and other rulings Parties: 40838/09 Wollongong City Council (Applicant) Vic Vellar Nominees Pty Ltd (Respondent)

10434/09, 10384/10, 40712/10 Vic Vellar Nominees Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: 40838/09 Mr J Lazarus (Applicant) Mr J Webster SC with Mr N Eastman (Respondent)