Vincent Land Pty Ltd v Hyder Consulting Pty Ltd [2012] NSWLEC 105

Land and Environment Court New South Wales

Medium Neutral Citation: Vincent Land Pty Ltd v Hyder Consulting Pty Ltd [2012] NSWLEC 105 Hearing dates: 7, 8 May 2012 Decision date: 08 May 2012 Jurisdiction: Class 4 Before: Pepper J Decision: The second respondent is to provide to the applicant by 5 June 2012, a statement in writing setting out to the best of the second respondent's - or a person authorised on the second respondent's behalf - knowledge, information and belief, the reasoning process that led to the second respondent's approval of the s 96 modification application, together with a list of all of the material considered by the second respondent in making that decision. Catchwords: JUDICIAL REVIEW: application seeking an order that a council furnish the applicant with a written statement setting out its reasons for its approval of a modification application - council the proponent of the modification application - applicable legal principles - importance of reasons - application made before points of claim filed - whether application premature - difficulty and cost of compliance with order - floodgates - council ordered to provide a modified statement of reasons. Legislation Cited: Administrative Decisions (Judicial Review) Act 1975 (Cth), s 13 Civil Procedure Act 2005, ss 56, 60 Environmental Planning and Assessment Act 1979, ss 4, 79C, 81, 96(2) Environmental Planning and Assessment Regulation 2000, cls 35, 36, 100(1)(c), 122(2) Land and Environment Court Rules 2007, rr 1.3, 4.3 Local Government Act 1993 Cases Cited: Austral Monsoon Industries Pty Ltd v Pittwater Council [2009] NSWCA 154; (2009) 75 NSWLR 169; (2009) 166 LGERA 436 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd and Minister for Mineral Resources (No 2) [2010] NSWLEC 1; (2010) 172 LGERA 25 Charlton v Moore (No 2) [2009] NSWLEC 47 Hooper v Port Stephens Council & Hallett [2010] NSWLEC 41 Public Service Board (NSW) v Osmond [1987] HCA 7; (1986) 159 CLR 656 Shellharbour City Council v Minister for Planning [2011] NSWLEC 59 Category: Procedural and other rulings Parties: Vincent Land Pty Ltd (Applicant) Hyder Consulting Pty Ltd (First Respondent) Maitland City Council (Second Respondent) Representation: Mr T G Howard (Applicant) Mr M Staunton (Second Respondent) Mallik Rees Lawyers (Applicant) Lindsay Taylor Lawyers (Second Respondent) File Number(s): 40198 of 2012