Pacific Towers Real Estate Pty Ltd v Waverley Council [2012] NSWLEC 212

Land and Environment Court New South Wales

Medium Neutral Citation: Pacific Towers Real Estate Pty Ltd v Waverley Council [2012] NSWLEC 212 Hearing dates: 11 September 2012 Decision date: 11 September 2012 Before: Sheahan J Decision: 1. The respondent Council's Notice of Motion filed 31 August 2012 is upheld. 2. The applicant company's summons and points of claim are struck out, and these proceedings are summarily dismissed, pursuant to Rule 13.4(1)(b) of the Uniform Civil Procedure Rules 2005. 3. The applicant is ordered to pay the respondent's costs of and incidental to these proceedings and this Notice of Motion, including today's hearing, on a party-party basis, as agreed or assessed. Catchwords: JURISDICTION: Application to strike out proceedings for lack of any cause of action being disclosed Legislation Cited: Land and Environment Court Act 1979 Local Government Act 1993 Uniform Civil Procedure Rules 2005 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125

NA & J Investments Pty Ltd v Minister Administering Water Management Act 2000 [2011] NSWLEC 51; (2011) 181 LGERA 166

National Parks and Wildlife Service v Stables Perisher Pty Ltd (1990) 20 NSWLR 573

Hoxton Park Residents' Action Group Inc v Liverpool City Council Hoxton Park [2010] NSWSC 1312; (2010) 178 LGERA 275

Spencer v The Commonwealth of Australia [2010] HCA 28; (2000) 241 CLR 118 Category: Principal judgment Parties: Pacific Towers Real Estate Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Mr T J Hillard (Director of Applicant) Mr C Ireland, Barrister (Respondent) Not applicable (Applicant) Yeldham Price O'Brien Lusk (Respondent) File Number(s): 40702 of 2012