McCudden v Cowra Shire Council [2015] NSWLEC 181

Land and Environment Court New South Wales

Medium Neutral Citation: McCudden v Cowra Shire Council [2015] NSWLEC 181 Hearing dates: 20 November 2015 Date of orders: 20 November 2015 Decision date: 20 November 2015 Jurisdiction: Class 2 Before: Biscoe J Decision: 1 The applicant is to serve a proposed amended notice of motion by 25 November 2015 incorporating the proposed questions for preliminary determination.

2 The applicant is to file and serve his submissions on the proposed questions by 3 December 2015.

3 The respondent is to file and serve its submissions on the proposed questions by 16 December 2015.

4 Stand over the applicant's notice of motion to 17 December 2015 for mention or determination (as Court time may permit), if possible before Biscoe J. Catchwords: SEPARATE QUESTION – merits appeal against Council order under s 124 item 18 of the Local Government Act 1993 – whether separate and preliminary questions for determination should be ordered. Legislation Cited: Companion Animals Act 1998 Part 4 Local Government Act 1993 Chapter 2, Chapter 5, ss 124 item 18(a), 180(4)(f) Prevention of Cruelty to Animals Act 1979 Uniform Civil Procedure Rules 2005 r 28.2 Cases Cited: 820 Cawdor Road Pty Ltd v Wollondilly Shire Council [2013] NSWLEC 8, 195 LGERA 170 Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103, 195 LGERA 182 Challenger Listed Investments Ltd v Valuer General [2015] NSWLEC 7 Dial a Dump Industries Pty Ltd v Roads and Maritime Services [2015] NSWLEC 172 J & J O'Brien Pty Ltd v South Sydney City Council [2002] NSWCA 259, 121 LGERA 223 Category: Procedural and other rulings Parties: Richard William McCudden (Applicant) Cowra Shire Council (Respondent) Representation: COUNSEL: P Clay SC (Applicant) C Arnott (Respondent)