Rossi v Living Choice Australia Ltd [2015] NSWCA 244

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rossi v Living Choice Australia Ltd [2015] NSWCA 244 Hearing dates: 27 - 29 April 2015 Date of orders: 21 August 2015 Decision date: 21 August 2015 Before: Basten JA at [1]; Ward JA at [79]; Emmett JA at [80] Decision: (A) With respect to Mr Rossi's appeal:

(1) Direct that the parties consult with a view to reaching a common position as to appropriate variations to orders 2.1–2.3 and 3.2–3.4 made on 25 November 2013 to allow for the landscaping and planting of mature trees both on land owned by the first respondent and on land owned by the appellant to provide a necessary screen, and, if agreement is reached, to file and serve short minutes giving effect to such agreement within 14 days of these directions.

(2) In default of such agreement, the appellant and the first respondent are directed to file and serve,

(a) within 21 days of the date of these directions, their proposed forms of orders as varied together with submissions (not to exceed three pages) in support thereof;

(b) each party to have leave to file submissions in reply within 7 days thereafter, not exceeding two pages,

with the Court to determine the matter on the papers.

(3) Set aside the costs orders made in the Land and Environment Court on 20 August 2014 and entered on 24 March 2015, except with respect to so much of orders (1) and (5) as require payments by the Joint Regional Planning Panel – Sydney West Region.

(4) Declare the first purported notification of the determination of development application 280/2010/JP dated 12 October 2010 is invalid.