The Lawson Clinic Pty Ltd v Ku-ring-gai Council (No 3) [2016] NSWLEC 79

Land and Environment Court New South Wales

Medium Neutral Citation: The Lawson Clinic Pty Ltd v Ku-ring-gai Council (No 3) [2016] NSWLEC 79 Hearing dates: On the papers, no further hearing required Date of orders: 06 July 2016 Decision date: 06 July 2016 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [14] Catchwords: DEVELOPMENT CONTRIBUTIONS – basis of indexation of contribution to be derived from the Contributions Plan – consideration of date from which adjustment of indexation formula to operate – no basis to consider indexation approach applied by the Council to be unreasonable – contribution to be adjusted by calculation on indexation base dates proposed by the Council Legislation Cited: Ku-ring-gai Contributions Plan 2010 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 The Lawson Clinic Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 36 The Lawson Clinic Pty Ltd v Ku-ring-gai Council (No 2) [2016] NSWLEC 65 Category: Principal judgment Parties: The Lawson Clinic Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr C Ireland, barrister (Applicant) Ms K Morton, solicitor (Respondent)

Solicitors: CMI Law Firm (Applicant) Sparke Helmore (Respondent) File Number(s): 160775 of 2016 (formerly 11061 of 2015) Publication restriction: No

TABLE OF CONTENTS Introduction Remaining matter in dispute The Lawson Clinic's position The Council's position Conclusion Orders