Reysson v Roads and Traffic Authority [2011] NSWLEC 153

Land and Environment Court New South Wales

Medium Neutral Citation: Reysson v Roads and Traffic Authority [2011] NSWLEC 153 Hearing dates: 2 September 2011 Decision date: 02 September 2011 Jurisdiction: Class 3 Before: Craig J Decision: 1. I order that there be separately determined prior to the hearing of the proceedings the following question - "Whether development consent DA 92/118 granted by Tweed Shire Council on 21 January 1993 had, by 21 January 1998, lapsed within the meaning of the Environmental Planning and Assessment Act 1979 as the lapsing provisions of that Act then operated." 2. Make orders in accordance with the Short Minutes of Order initialled by HH and placed with the papers. 3. Give liberty to the parties to approach the Registrar forthwith to obtain a hearing of the preliminary question for 2 days commencing on 29 September 2011. 4. Exhibits may be returned. 5 Cost of the motion to be costs in the determination of the preliminary point. Catchwords: PROCEDURE - interlocutory application for separate question to be heard - whether determination of separate question would reduce costs and hearing time - question severable from principal issues - whether development consent granted in respect of acquired land had lapsed - significant fact in determining market value - application granted Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 Uniform Civil Procedure Rules, r. 28.2 Cases Cited: Strathfield Municipal Council v Poynting (2001) 116 LGERA 319 Wollongong City Council v Vic Vellar Nominees Pty Ltd [2011] NSWLEC 138 Young v Parramatta City Council [2006] NSWLEC 116; (2006) 144 LGERA 193 Category: Interlocutory applications Parties: Reysson Pty Ltd (Applicant) Roads and Traffic Authority of New South Wales (Respondent) Representation: Mr T F Robertson SC with Mr P Larkin (Applicant) Mr N M Eastman (Respondent) Storey & Gough Lawyers (Applicant) Corrs Chambers Westgarth (Respondent) File Number(s): 30921 of 2010