Woollahra Council v Duarte (No 4) [2013] NSWLEC 218

Land and Environment Court New South Wales

Medium Neutral Citation: Woollahra Council v Duarte (No 4) [2013] NSWLEC 218 Hearing dates: 24 June 2013; written submissions 27 June, 2 and 3 July 2013 Decision date: 19 December 2013 Jurisdiction: Class 4 Before: Sheahan J Decision: (1)The answer to the separate question is "no". (2)The first respondent's application for an order for her costs thrown away, and the question of the first respondent's likely costs on the determination of the costs issue are reserved. (3)The exhibits are retained for the present. (4)The second respondent's materials are to be returned to him by the Registrar. (5)The balance of these proceedings is stood over to the first List judge list of 2014, namely on Friday 7 February 2014. Catchwords: SEPARATE QUESTION: construction of development consent - proper interpretation of condition- whether condition ambiguous. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995 Cases Cited: Ainsworth v Yarrowee Pty Ltd [2010] NSWLEC 118 Blakeney v Mosman Municipal Council (No 2) [2013] NSWLEC 100 Coffs Harbour City Council v The Minister for Planning and Infrastructure [2013] NSWCA 44; (2013) 193 LGERA 203 House of Peace Pty Ltd v Bankstown City Council (2000) 48 NSWLR 498; (2000) 106 LGERA 440 Mosman Municipal Council v Denning [2002] NSWLEC 227 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Reysson Pty Ltd v Roads and Maritime Services [2012] NSWLEC 17; (2012) 188 LGERA 252 Ryde Municipal Council v Royal Ryde Homes (1970) 19 LGRA 321 Westfield Management Limited v Perpetual Trustee Company Limited & Anor [2006] NSWCA 245 Woollahra Council v Duarte [2012] NSWLEC 223 Woollahra Council v Duarte (No 2) [2013] NSWLEC 12 Woollahra Council v Duarte (No 3) [2013] NSWLEC 70 Category: Separate question Parties: Woollahra Council (Applicant) Charmaine Duarte (First Respondent) Rodney Duarte (Second Respondent) Representation: Anthony Hudson, solicitor (Applicant) Rick O'Gorman-Hughes, barrister (First Respondent) Second Respondent submitted Wilshire Webb Staunton Beattie (Applicant) File Number(s): 40330 of 2011