Amalgamated Holdings Ltd v North Sydney Council [2012] NSWLEC 138

Land and Environment Court New South Wales

Medium Neutral Citation: Amalgamated Holdings Ltd v North Sydney Council [2012] NSWLEC 138 Hearing dates: 13-14 June 2012 Decision date: 22 June 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: Proceedings dismissed with costs. Interest on second respondent's costs ordered. Catchwords: JUDICIAL REVIEW - validity of development consent governed by State Environmental Planning Policy (Major Development) 2005 - whether council discharged its function of assessing development application - scope of regional panel's function of determining a development application - whether interest should be ordered on costs awarded to respondent. Legislation Cited: Civil Procedure Act 2005 ss100, 101 Environmental Planning and Assessment Act 1979 ss 4, 23G, 23H, 79C, 80, 80A, 83B, 123, Part 4 Environmental Planning and Assessment Regulation 2000 cll 50, 123E, Schedule 1 Legal Profession Act 2004 s 368(5) State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 cll 2, 4, 14, 15, 32, Chapter 3 Part 3 State Environmental Planning Policy (Major Development) 2005 Part 3 State Environmental Planning Policy No 5 - Housing for Older People or People with a Disability Land and Environment Court Practice Note on Pre-Judgment Interest Rates Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council (No 2) [2009] NSWLEC 134 Australian Development Corporation Pty Ltd v White Constructions (ACT) Pty Ltd (in Liquidation) [2002] NSWSC 280 Belmorgan Property Development Pty Ltd v GPT Re Ltd [2007] NSWCA 171, 153 LGERA 450 Capital Airport Group Pty Ltd v Director-General of the NSW Department of Planning (No 2) [2011] NSWLEC 83 Central Coast Care v Wyong Shire Council [2003] NSWLEC 17, 124 LGERA 320 Drummond and Rosen Pty Ltd v Easey [No 2] [2009] NSWCA 331 Eco-Villages Australia Pty Ltd v Pittwater Council [2012] NSWLEC 49 GPT Re Ltd v Wollongong City Council [2006] NSWLEC 303, 151 LGERA 116 Ku-ring-gai Council v Sydney West Joint Regional Planning Panel (No 2) [2010] NSWLEC 270, 181 LGERA 11 Lahoud v Lahoud [2006] NSWSC 126 Leda Pty Ltd v Weerden (No 2) [2007] NSWCA 283 Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170 Ryding v Miles (No 2) [2012] NSWSC 312 Taylor v Port Macquarie-Hastings Council [2010] NSWLEC 153, 175 LGERA 189 Ying v Song [2011] NSWSC 618 Category: Principal judgment Parties: Amalgamated Holdings Ltd (Applicant) North Sydney Council (First Respondent) Uniting Church in Australia Property Trust (NSW) (Second Respondent) Sydney East Joint Regional Planning Panel (Third Respondent) Representation: COUNSEL: Mr N J Williams SC and Ms Ms V Bosnjak (Applicant) Submitting appearance (First Respondent) Mr T F Robertson SC and Ms H Irish (Second Respondent) Submitting appearance (Third Respondent) SOLICITORS: Minter Ellison (Applicant) HWL Ebsworth (First Respondent) Pikes and Verekers Lawyers (Second Respondent) Department of Planning and Infrastructure (Third Respondent) File Number(s): 41035 of 2011