DEXUS Funds Management Ltd v Blacktown City Council (No 2) [2011] NSWLEC 247

Land and Environment Court New South Wales

Medium Neutral Citation: DEXUS Funds Management Ltd v Blacktown City Council (No 2) [2011] NSWLEC 247 Hearing dates: 16 November 2011 Decision date: 16 November 2011 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders and directs: 1. The second respondent's Notice of Motion filed 10 November 2011 is dismissed. 2. The second respondent to pay the applicant's costs of the motion filed 10 November 2011. 3. By 4.00pm on 17 November 2011 the second respondent to file and serve its Amended Points of Defence. 4. Extend the time to 10.00am on 22 November 2011 for the applicant to file and serve an outline of submissions and issues for trial. 5. Extend the time to 12.00pm on 25 November 2011 for the second respondent to file and serve an outline of submissions and issues for trial. Catchwords: INTERLOCUTORY APPLICATION - judicial review proceedings challenging development consent - consent holder's notice of motion to vacate the judicial review hearing - consent holder recently commenced merit appeal against decision to grant consent - consent holder's notice of motion dismissed - consent holder to pay the applicant's costs of the motion. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 83(2)(b), 97 Category: Interlocutory applications Parties: DEXUS Funds Management Ltd (Applicant) Blacktown City Council (First Respondent) Plumpton Park Developments Pty Ltd (Second Respondent) Representation: Mr N A Hemmings QC (Applicant) Ms A Pearman (Second Respondent) Allens Arthur Robinson (Applicant) Lindsay Taylor Lawyers (Submitting appearance) (First Respondent) Eakin McCaffery Cox (Second Respondent) File Number(s): 40430 of 2011