Greenwood v Warringah Council [2014] NSWCA 205

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Greenwood v Warringah Council [2014] NSWCA 205 Hearing dates: 24 June 2014 Decision date: 24 June 2014 Before: Ward JA; Leeming JA Decision: Leave to appeal is refused with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - Land and Environment Court - leave to appeal - decision of a judge of the Land and Environment Court on a s 56A appeal - whether to grant leave to appeal under s 57(4) of the Land and Environment Court Act 1979 - need to identify question of law material to decision sought to be impugned - no error of law in dispositive reasoning - leave refused Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 97 Land and Environment Court Act 1979 (NSW), ss 56A, 57 Cases Cited: Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 88 ALJR 52 Category: Principal judgment Parties: Scott Robert Greenwood (Applicant) Warringah Council (Respondent) Representation: Counsel: A Pickles / J McKelvey (Applicant) I Hemmings SC / M Seymour (Respondent) Solicitors: Michael Flaherty (Applicant) Storey and Gough Lawyers (Respondent) File Number(s): 11797/2014 Decision under appeal Jurisdiction: 9106 Citation: [2013] NSWLEC 223 Date of Decision: 2013-12-24 00:00:00 Before: Biscoe J File Number(s): 2013/10534