Australian International Academy of Education Inc v The Hills Shire Council [2011] NSWLEC 208

Land and Environment Court New South Wales

Medium Neutral Citation: Australian International Academy of Education Inc v The Hills Shire Council [2011] NSWLEC 208 Hearing dates: 14 November 2011 Decision date: 17 November 2011 Jurisdiction: Class 1 Before: Biscoe J Decision: The Court declines to impose a condition on leave to discontinue appeal against deemed refusal of development application, that the Applicant not challenge the validity of a condition of intervening development consent. Order as to costs. Catchwords: PRACTICE AND PROCEDURE: - nature of discretion to grant leave to discontinue Class 1 appeal against deemed refusal of development application where consent authority then grants development consent - whether condition depriving Applicant opportunity to challenge the validity of conditions of intervening development consent should be attached to the leave. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 82, 97 Uniform Civil Procedure Act 2005 r 12.1 Cases Cited: Fox v Star Newspaper Company [1898] 1 QB 636 Hawkes Pacific Pty Ltd v Casair Pty Ltd [2011] WASC 152 Re Carltom and United Breweries (NSW) Pty Ltd v Bond Brewing New South Wales Ltd [1998] FCA 128 SCI Operations Pty Ltd v Trade Practices Commission (1984) 53 ALR 283 Somerville v Dalby (1990) 69 LGRA 422 Trade Practices Commission v APM Investments Pty Ltd (No 2) (1983) 74 FCR 276 Trade Practices Commission v Manfal Pty Ltd (No 3) (1991) 33 FCR 382 Category: Procedural and other rulings Parties: Australian International Academy of Education Inc (Applicant) The Hills Shire Council (Respondent) Representation: COUNSEL: Mr T Robertson SC (Applicant) Mr T Hale SC (Respondent) SOLICITORS: Woolf Associates (Applicant) The Hills Shire Council (Respondent) File Number(s): 10685 of 2011