Rossi v Living Choice Australia Ltd (No 2) [2015] NSWCA 301

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rossi v Living Choice Australia Ltd (No 2) [2015] NSWCA 301 Hearing dates: On the papers Decision date: 30 September 2015 Before: Basten JA; Ward JA; Emmett JA Decision: (1) Mr Rossi's appeal is allowed in part.

(2) Pursuant to s 25B of the Land and Environment Court Act 1979, suspend development consent number 280/2010/JP issued by the third respondent insofar as it relates to the construction of villa units 206-210 until such time as any orders made by the Land and Environment Court on the remittal of the matter provided for in order (4) of these orders have been substantially complied with by the first respondent, or such other time as may be fixed by the Land and Environment Court.

(3) Set aside orders 2.1–2.3 and 3 made by the primary judge on 25 November 2013.

(4) Remit the matter to the Land and Environment Court to determine the ameliorative relief to be ordered in accordance with this Court's reasons.

(5) Further to order (5) made on 21 August 2015, (a) order that the first and second respondents pay 70% of Mr Rossi's costs of the proceedings in the Land and Environment Court to date, such liability to be joint and several;

(b) apportion those costs as between the respondents as to 65% against the first respondent (Living Choice Australia) and 35% against the second respondent (the Council), but with payments by the third respondent (the Panel) to be in part satisfaction of the second respondent's portion.

(6) (a) Order that the first and second respondents pay 75% of Mr Rossi's costs of the proceedings in this Court (disregarding costs incurred after the hearing in this Court) such liability to be joint and several;