NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: AMP Capital v Tim Shellshear & Associates Pty Ltd & Anor [2012] NSWLEC 165 Hearing dates: 3 - 4 July 2012 Decision date: 18 July 2012 Jurisdiction: Class 1 Before: Lloyd AJ Decision: Orders: 1) The summons is dismissed. 2) The question of costs is reserved. 3) The six volumes of Court Books may be returned. Catchwords: APPEAL - decision of commissioner - construction of planning instruments - alleged errors of law - whether commissioner took into account irrelevant considerations, or failed to take into account relevant considerations - whether commissioner's decision illogical, irrational or manifestly unreasonable - adequacy of reasons. Legislation Cited: Interpretation Act 1987 s 34 Land and Environment Court Act 1979, s 56A Warringah Local Environmental Plan 2000 Warringah Local Environmental Plan 2011 Cases Cited: Abret v Wingecarribee Shire Council [2011] NSWCA 107, 180 LGERA 343
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1998] 1 KB 223
Attorney General (NSW) v Quin (1990) 170 CLR 1
Azriel v NSW Land and Housing Corporation [2006] NSWCA 372
Beale v Government Insurance Office of New South Wales
Brimbella Pty Ltd v Mosman Municipal Council (1985) 79 LGERA 365
Bruce v Cole (1998) 45 NSWLR 63
Carstens v Pittwater Council [1999] NSWLEC 249
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