Welsh Property Consulting Pty Ltd v The Hills Shire Council [2016] NSWLEC 84

Land and Environment Court New South Wales

Medium Neutral Citation: Welsh Property Consulting Pty Ltd v The Hills Shire Council [2016] NSWLEC 84 Hearing dates: 18 December 2015; 1 June 2016; written submissions 5 July 2016 Date of orders: 14 July 2016 Decision date: 14 July 2016 Jurisdiction: Class 1 Before: Sheahan J Decision: (1) By consent, and with the leave of the Court, the appeal brought by the Applicant pursuant to s 56A of the Land and Environment Court Act 1979 (matter no. 2016/150109, formerly 15/10750) is discontinued. (2) The Applicant is to pay the Respondent's costs of that s 56A appeal in the agreed sum of $32,000. (3) The appeal books filed in the s 56A appeal may be returned. (4) The Notice of Motion recently filed jointly by the parties in the Applicant's Class 1 appeal (matter no. 2016/166969, formerly 14/11090) is dismissed, with each party to pay its own respective costs of it. (5) The Council's Notice of Motion of 13 August 2015, seeking its costs of the Class 1 appeal, is stood over to the Registrar's list on Thursday 28 July 2016. Catchwords: APPEAL: Discontinuation of a section 56A appeal while judgment was reserved – application to overturn the appealed decision without reasons, and grant a development consent – principles to apply – costs. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Baulkham Hills Shire Council v Basemount Pty Ltd [2003] NSWCA 189; 126 LGERA 339 Teoh v Hunters Hill Council and Another (No. 3) [2009] NSWLEC 121 The Hills Shire Council v Sales Search Pty Ltd [2013] NSWLEC 103 Vero Insurance Ltd v Nicejade Pty Ltd [2010] NSWSC 1407 Weal v Bathurst City Council [2000] NSWCA 88, 111 LGERA 181 Welsh Property Consulting Pty Limited v The Hills Shire Council [2015] NSWLEC 1288 Wollongong City Council v Frames & Trusses (NSW) Pty Limited [2014] NSWLEC 60 Young v King (No 4) [2012] NSWLEC 236 Category: Principal judgment Parties: Welsh Property Consulting Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr I Hemmings, SC, with Ms A Hemmings, barrister (Applicant) Mr M Wright, barrister (Respondent)