McCudden v Cowra Shire Council [2016] NSWLEC 14

Land and Environment Court New South Wales

Medium Neutral Citation: McCudden v Cowra Shire Council [2016] NSWLEC 14 Hearing dates: 5 February 2016 Date of orders: 11 March 2016 Decision date: 11 March 2016 Jurisdiction: Class 1 Before: Craig J Decision: Refer to [151] Catchwords: LOCAL GOVERNMENT - order under s 124 of the Local Government Act 1993 limiting the number of cats to be kept on premises - validity of order raised as a separate and preliminary issue in an appeal under s 180(1) of the Local Government Act - sufficiency of reasons stated in or accompanying the order as required by s 136 of the Local Government Act - whether failure to provide reasons meeting the requirements of the section results in invalidity of the order - whether the issue of validity for want of reasons raised in an appeal under s 180 denies the Court power to hear the appeal on merit – whether the Court can make any order that it is authorised to make by s 180(4) of the Local Government Act. Legislation Cited: Companion Animals Act 1998 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Interpretation Act 1987 (NSW) Land and Environment Court Act 1979 (NSW) Local Government Act 1993 (NSW) Local Government (General) Regulation 2005 Protection of the Environment Administration Act 1991(NSW) Protection of the Environment Operations Act 1997 (NSW) Prevention of Cruelty to Animals Act 1979 (NSW) Threatened Species Conservation Act 1995 (NSW) Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Richard William McCudden (Applicant) Cowra Shire Council (Respondent) Representation: Counsel: P Clay SC with N Hammond (Applicant) R Lancaster SC with C Arnott (Respondent)