Defence Housing Australia v Randwick City Council [2013] NSWLEC 59

Land and Environment Court New South Wales

Medium Neutral Citation: Defence Housing Australia v Randwick City Council [2013] NSWLEC 59 Hearing dates: 18 February 2013, 27 March 2013 Decision date: 08 May 2013 Jurisdiction: Class 1 Before: Pain J Decision: 1. Appeal upheld. 2. Matter remitted to Commissioners for final determination including of merit matters, if any. Catchwords: Appeal - appeal under s 56A Land and Environment Court Act - exercise of discretion to allow appellant to raise legal argument contrary to agreed position at first instance - development application not a Crown development application as defined in the Environmental Planning and Assessment Act 1979 - matter remitted to Commissioners for consideration of merits if any such issues remain Legislation Cited: Defence Housing Australia Act 1987 (Cth) s 11 Environmental Planning and Assessment Act 1979 s 4, s 6, Part 4 Div 4, s 88, s 89, s97 Environmental Planning and Assessment Regulation 2000 cl 226, cl 277 Interpretation Act 1987 s 5, s 12, s 13, s 65 Judiciary Act 1903 (Cth) s 64 Land and Environment Court Act 1979 s 56A Racial Discrimination Act 1975 (Cth) Cases Cited: Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Defence Housing Australia v Randwick City Council [2012] NSWLEC 1181 Forsyth v Deputy Commissioner of Taxation [2004] NSWCA 474; (2004) 62 NSWLR 132 Inglis v Commonwealth Trading Bank of Australia (1969) 119 CLR 334 Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 54 FLR 334 Metwally v University of Wollongong [1985] HCA 28; (1985) 60 ALR 68 Multicon Engineering Pty Ltd v Federal Airports Corporation (2000) 47 NSWLR 631 Pfeiffer v Stephens [2001] HCA 71; (2001) 209 CLR 57 Re Residential Tenancies Tribunal of New South Wales and Henderson; Ex parte the Defence Housing Authority [1997] HCA 36; (1997) 190 CLR 410 Rizhao Steel Holding Group Ltd v Koolan Iron Ore Pty Ltd [2012] WASCA 50; (2012) 287 ALR 315 Superannuation Fund Investment Trust v Commissioner of Stamps of the State of South Australia (1979) 145 CLR 330 Category: Principal judgment Parties: Defence Housing Australia (Appellant) Randwick City Council (Respondent) Representation: Ms M Allars (Applicant) Mr B Coles QC (Respondent) Piper Alderman (Applicant) Norton Rose (Respondent) File Number(s): 10919 of 2012 Decision under appeal Citation: Defence Housing Australia v Randwick City Council [2012] NSWLEC 1181 Date of Decision: 2012-07-09 00:00:00 Before: Dixon C, Fakes C File Number(s): 10992 of 2011