Hoxton Park Residents Action Group Inc. v Liverpool City Council [2014] NSWLEC 42

Land and Environment Court New South Wales

Medium Neutral Citation: Hoxton Park Residents Action Group Inc. v Liverpool City Council [2014] NSWLEC 42 Hearing dates: 15 April 2014 Decision date: 17 April 2014 Jurisdiction: Class 4 Before: Craig J Decision: 1. The applicant's notice of motion filed on 1 April 2014 is dismissed. 2. The applicant must pay the costs of the respondents in respect of that notice of motion. 3. I strike out from the applicant's amended summons Ground 5 of its claim together with the matters pleaded in support of that claim. 4. The applicant must pay the costs of the respondents thrown away by reason of the abandonment of Ground 5 of its claim. 5. Exhibits tendered on the hearing of this notice of motion may be returned. 6. I stand over the proceedings to the Class 4 List on Friday 2 May 2014 for directions. Catchwords: PRACTICE AND PROCEDURE - motion to transfer proceedings to Supreme Court - s 149B(2) Civil Procedure Act 2005 - challenge to validity of development consent for educational establishment - Supreme Court proceedings challenging Constitutional validity of Commonwealth actions and legislation providing funding for proposed school - whether proceedings in each court so closely associated as to form part of the same controversy - whether it was more appropriate for both proceedings to be heard in the Supreme Court - analysis of issues raised in each proceeding - motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Schools Assistance Act 2008 (Cth) Cases Cited: Hoxton Park Residents Action Group Inc. v Liverpool City Council (No 2) [2011] NSWCA 363 Hoxton Park Residents Action Group Inc. v Liverpool City Council (No 3) [2012] NSWLEC 43 Hoxton Park Residents Action Group Inc. v Liverpool City Council [2014] NSWSC 322 Hoxton Park Residents Action Group Inc. v Liverpool City Council [2014] NSWSC 403 Hoxton Park Residents Action Group Inc. v Liverpool City Council [2014] NSWSC 433 363 Military Road Mosman Pty Ltd v The Owners Strata Plan 72814 [2012] NSWSC 263 Category: Procedural and other rulings Parties: Hoxton Park Residents Action Group Inc (Applicant) Liverpool City Council (First respondent) Sydney West Joint Regional Planning Panel (Second respondent) Australian Federation of Islamic Councils Inc. (Third respondent) Malek Fahd Islamic School Pty Ltd (Fourth respondent) Amjad Mehboob (Fifth respondent) Representation: P E King (Applicant) D R Baird (solicitor) (First respondent) L Sims (solicitor) (Second respondent) A P Cheshire (Third, Fourth and Fifth respondents) Robert Balzola and Associates (Legal) (Applicant) Marsdens Law Group (First respondent) Director, Legal Services, Department of Planning and Infrastructure (Second respondent) Goldrick Farrell Mullan Solicitors (Third, Fourth and Fifth respondents) File Number(s): 40626 of 2013