Australian Nursing Home Foundation Limited v Ku-ring-gai Council [2018] NSWLEC 131

Land and Environment Court New South Wales

Medium Neutral Citation: Australian Nursing Home Foundation Limited v Ku-ring-gai Council [2018] NSWLEC 131 Hearing dates: 27 August 2018 Date of orders: 27 August 2018 Decision date: 27 August 2018 Jurisdiction: Class 1 Before: Pepper J Decision: See orders at [80] Catchwords: CIVIL PROCEDURE: application for determination of separate questions of law – question not necessarily dispositive of matter – delay in applying for separate question – matter already set down for hearing on all legal and merit matters – determination of separate question would require vacation of hearing dates or expedition of the determination of separate question – no application for expedition of the determination of separate question – material prejudice to party if hearing dates vacated – separate question seeking to directly challenge earlier decision of court by judge in circumstances where no appeal was sought in respect of the earlier decision – application for separate question refused – application to vacate hearing dates refused – Class 1 appeal to be heard and determined by a judge given the direct challenge to an early decision of a judge of the Court. Legislation Cited: Environment Protection and Biodiversity Conservation Act 1999 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Rules 2007, r 3.7(2) State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 Threatened Species Conservation Act 1995 Uniform Civil Procedure Rules 2005, r 28.2 Cases Cited: 820 Cawdor Road Pty Ltd v Wollondilly Shire Council (2013) 195 LGERA 170; [2013] NSWLEC 8 Allandale Blue Metal Pty Ltd v Roads and Maritime Services (2013) 195 LGERA 182; [2013] NSWCA 103 Challenger Listed Investments Ltd v Valuer General [2015] NSWLEC 7 Dial a Dump Industries Pty Ltd v Roads and Maritime Services [2015] NSWLEC 172 Jackson Lalic Lawyers Pty Ltd v Attwells [2014] NSWCA 335 Ku-ring-gai Council v Pathways Property Group Pty Ltd [2018] NSWLEC 73 Luxcon Developments No 6 Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 43 M H Earthmoving Pty Ltd v Cootamundra-Gundagai Regional Council (No 2) [2018] NSWLEC 101 Principal Healthcare Finance Pty Ltd v Council of the City of Ryde (2016) 222 LGERA 212; [2016] NSWLEC 153 Royal Motor Yacht Club (Broken Bay) New South Wales Pty Ltd v Northern Beaches Council [2016] NSWLEC 87 Royal Motor Yacht Club (Broken Bay) Pty Ltd v Northern Beaches Council (No 3) [2016] NSWLEC 114 Royal Motor Yacht Club (Broken Bay) Pty Ltd v Northern Beaches Council (No 4) [2016] NSWLEC 126 Strathfield Municipal Council v Poynting (2001) 116 LGERA 319; [2001] NSWCA 270 Whittaker v Northern Beaches Council (No 2) [2018] NSWLEC 94 Category: Procedural and other rulings Parties: Australian Nursing Home Foundation Limited (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr Scott Nash (Applicant) Mr Tom Howard SC (Respondent)