NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Zhiva Living Dural Pty Ltd v Hornsby Shire Council (No 2) [2019] NSWLEC 68 Hearing dates: 23 May 2019 Date of orders: 23 May 2019 Decision date: 23 May 2019 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [28] Catchwords: PRACTICE AND PROCEDURE – Notice of Motion seeking expedition of s 56A appeal against a Commissioner's dismissal of an appeal against Council's deemed refusal of a development consent – expedition sought due to imminent expiry of Site Compatibility Certificate – Notice of Motion and s 56A Summons filed on same date – expedition refused Legislation Cited: Civil Procedure Act 2005 (NSW) s 61 Land and Environment Court Act 1979 (NSW) s 56A Land and Environment Court Rules 2007 (NSW) State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 cll 17, 24, 25, 55 Uniform Civil Procedure Rules 2005 (NSW) r 2.1 Cases Cited: Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR 33 Zhiva Living Dural Pty Ltd v Hornsby Shire Council [2019] NSWLEC 1222 Texts Cited: Hornsby Development Control Plan 2013 Category: Procedural and other rulings Parties: Zhiva Living Dural Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Mr T Ward, solicitor (Respondent)
Solicitors: Mills Oakley (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2019/00160493 Publication restriction: Nil
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