NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McGinn v Ashfield Council [2011] NSWLEC 84 Hearing dates: 4 May 2011 Decision date: 04 May 2011 Jurisdiction: Class 4 Before: Biscoe J Decision: Application dismissed Catchwords: JUDICIAL REVIEW: challenge to validity of development consent - whether apprehended bias - whether error in making findings of consistency with development control plan - whether Wednesbury unreasonableness. Legislation Cited: Ashfield Local Environmental Plan 1985 Environmental Planning and Assessment Act 1979 ss 79C, 81(1)(a) Land and Environment Court Rules 2007 r 4.2 Cases Cited: Associated Provincial Picture Houses Ltd v Wedesbury Corporation [1948] 1 KB 223 Ebner v Official Trustee in Bankruptcy [2000] HCA 63, 205 CLR 337 McGovern v Ku-ring-gai Council [2008] NSWCA 209, 72 NSWLR 504 Marrickville Metro Shopping Centre Pty Ltd v Marrickville Council [2010] NSWCA 145, 174 LGRA 67 Mid Western Community Action Group Inc v Mid-Western Regional Council (No 2) [2008] NSWLEC 143 R v Commonwealth Conciliation and Arbitration Commission; Ex parte the Angliss Group (1969) 122 CLR 546 Category: Principal judgment Parties: Sophia McGinn (Applicant) Ashfield Council (Respondent) Representation: Ms S McGinn in person (Applicant) Mr P R Clay (Respondent) N/A (Applicant) Wilshire Webb (Respondent) File Number(s): 40554/10
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