Captive Vision Pty Ltd v Ku-ring-gai Council (No 2) [2019] NSWLEC 109

Land and Environment Court New South Wales

Medium Neutral Citation: Captive Vision Pty Ltd v Ku-ring-gai Council (No 2) [2019] NSWLEC 109 Hearing dates: 1 August 2019 Date of orders: 01 August 2019 Decision date: 02 August 2019 Jurisdiction: Class 1 Before: Pepper J Decision: Application for the determination of a separate question dismissed with no order as to costs. Catchwords: CIVIL PROCEDURE: application for the determination of a separate question – whether delay in the making of the application – Class 1 appeal to be heard imminently – separate question comprised gravamen of Class 1 appeal – no utility in determining separate question – no evidence of savings in time or costs if question determined separately – application refused – not fair or reasonable to make costs order. Legislation Cited: Civil Procedure Act 2005, ss 55-60 Land and Environment Court Rules 2007, r 3.7 Roads Act 1993, Div 1 of Pt 5, s 138 Uniform Civil Procedure Rules 2005, r 28.2 State Environmental Planning Policy No 64 – Advertising and Signage, cll 11, 17, 18 Cases Cited: Captive Vision Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1331 Cavanagh v Wollondilly Shire Council [2019] NSWLEC 105 Texts Cited: Category: Procedural and other rulings Parties: Captive Vision Pty Ltd (Applicant) Ku-ring-gai Council (First Respondent) Roads and Maritime Services (Second Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) No Appearance (First Respondent) Mr M Astill (Second Respondent)