Woolcott Group Pty Ltd v Rostry Pty Ltd [2015] NSWLEC 46

Land and Environment Court New South Wales

Medium Neutral Citation: Woolcott Group Pty Ltd v Rostry Pty Ltd [2015] NSWLEC 46 Hearing dates: 24 and 25 February 2015 Date of orders: 27 March 2015 Decision date: 27 March 2015 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) Dismiss the first respondent's notice of motion filed on 17 October 2014 for summary dismissal of the appeal.

(2) Order the first respondent to pay the applicant's costs of the motion. Catchwords: PRACTICE AND PROCEDURE – summary dismissal of appeal – appeal by objector against determination to grant consent to designated development – whether appellant an "objector" – whether appellant made a submission during submission period – what was the submission period – whether submission period was extended expressly or impliedly – submission period can only be extended universally not differentially for persons – only one submission period for public exhibition and making public submissions – "make written submissions to" a consent authority – meaning of "make … to" –appellant made submission during the submission period – appellant an objector – motions for summary dismissal dismissed with costs Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4(1), 5(c), 77A, 98(1), 79, 80, 81, 153 Evidence Act 1995 s 160 Interpretation Act 1987 ss 5(c), 76 Environmental Planning and Assessment Regulation 2000 cll 4(1), 78, 79, 80, 100, Pt 1 of Sch 3 Land and Environment Court Rules 2007 Pt 3 r 3.7 Cases Cited: Ballina Environment Society Inc v Ballina Shire Council [1992] NSWLEC 125; (1992) 78 LGERA 232 Chen v Minister for Immigration and Border Protection [2013] FCAFC 133; (2013) 216 FCR 241 Hamill v Brisbane City Council and Pretirement Resorts Pty Ltd [2004] QPEC 030; [2005] QPELR 23 Kyogle Shire Council v Muli Muli Local Aboriginal Land Council [2005] NSWCA 4; (2005) 62 NSWLR 361; (2005) 141 LGERA 343 National Trust of Australia (NSW) v Minister Administering the Environmental Planning and Assessment Act 1979 (1981) 53 LGRA 37 Sisic v Rockdale City Council [2007] NSWLEC 687; (2007) 158 LGERA 170. Category: Procedural and other rulings Parties: Woolcott Group Pty Ltd (Applicant) Rostry Pty Ltd (First Respondent) Tamworth Regional Council (Second Respondent) Representation: Counsel: Mr I J Hemmings SC with Ms J Reid (Applicant) Mr T G Howard SC (First Respondent) Mr R P Mallik (Solicitor) (Second Respondent)