NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: TC (Tallwoods) Pty Ltd v Liverpool City Council [2018] NSWLEC 48 Hearing dates: 11 April 2018 Date of orders: 12 April 2018 Decision date: 12 April 2018 Jurisdiction: Class 4 Before: Molesworth AJ Decision: See orders at [55]. Catchwords: PROCEDURE – application for expedition – failure of Council to accept development application potentially in breach of statutory duty – relevance of Applicant being prevented from exercising put and call options – relevance of consequential financial hardship – expedition granted Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.11 Environmental Planning and Assessment Regulation 2000 cll 50, 51; Div 11 of Pt 6 Uniform Civil Procedure Act 2005 s 61 Uniform Civil Procedure Rules 2005 r 2.1 Cases Cited: Crighton Properties Pty Limited v Kiama Municipal Council [2006] NSWLEC 297 Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR 33 Marshall Rural Pty Ltd v Basscave Pty Ltd [2017] NSWLEC 84 Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 6 Category: Procedural and other rulings Parties: TC (Tallwoods) Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: Mr Michael Staunton (Applicant) Ms Keli Law – solicitor (Respondent)
Solicitors: Hall & Wilcox Lawyers (Applicant) Matthews Folbigg Pty Ltd (Respondent) File Number(s): 2018/77195
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