Malesev v Strati [2014] NSWLEC 91

Land and Environment Court New South Wales

Medium Neutral Citation: Malesev v Strati [2014] NSWLEC 91 Hearing dates: 26 June 2014 Decision date: 26 June 2014 Jurisdiction: Class 4 Before: Craig J Decision: 1. Order that the Council provide to the Applicant and to the First Respondent by 5.00pm on 17 July 2014 - (a) a copy of the decision made by it on 5 November 2013 determining development application DA 13/0416 by the grant of development consent for the erection of a new dwelling at 5 Church Street Woolooware; and (b) a statement of reasons for that decision, prepared in accordance with the provisions of r 59.9(3) of the Uniform Civil Procedure Rules. 2. The Council must pay the Applicant's costs of the application for this order. 3. Stand over the proceedings to Friday 18 July 2014 for directions. 4. Exhibits may be returned. Catchwords: PRACTICE AND PROCEDURE - judicial review proceedings - hearing of separate question - whether Council should be directed to provide to the applicant a copy of the impugned decision in respect of the proceedings and a statement of reasons for that decision - provision of documents required by an order made by the Court - order made with consent of Council - Council in default of order - submitting appearance filed by Council - whether the provision of documents as required by the order was a "step in the proceedings" - r 6.11 of the Uniform Civil Procedure Rules 2005 (NSW) - additional power of court to make an order for the provision of the documents - r 59.9 of the Uniform Civil Procedure Rules - Council ordered to provide the documents sought Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Land and Environment Court Rules 2007 (NSW) Cases Cited: Filter v Public Trustee [2007] NSWSC 1487 Hooper v Port Stephens Council [2010] NSWLEC 41 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Public Service Board of NSW v Osmond [1986] HCA 7; 159 CLR 656 Regional Express Holdings Ltd v Dubbo City Council (No 2) [2013] NSWLEC 113 Sahab Holdings Pty Ltd v Registrar General and Castle Constructions Pty Ltd [2009] NSWSC 1143; 75 NSWLR 629 Shellharbour City Council v Minister for Planning [2011] NSWLEC 59 Vincent Land Pty Ltd v Hyder Consulting Pty Ltd [2012] NSWLEC 105 Category: Procedural and other rulings Parties: Steve Malesev (Applicant) Domenico Strati (First respondent) Sutherland Shire Council (Second respondent) Representation: A C Hemmings (Applicant) G Hartley (solicitor)(First respondent) R O'Gorman-Hughes (Second respondent) Hones La Hood (Applicant) Gadens Lawyers (First respondent) Legal Department, Sutherland Shire Council (Second respondent) File Number(s): 40053 of 2014