Omaya Investments Pty Ltd v Dean Street Holdings Pty Ltd (No. 2) [2019] NSWLEC 136

Land and Environment Court New South Wales

Medium Neutral Citation: Omaya Investments Pty Ltd v Dean Street Holdings Pty Ltd (No. 2) [2019] NSWLEC 136 Hearing dates: 24 September 2019 Date of orders: 25 September 2019 Decision date: 25 September 2019 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraphs [36] and [37] Catchwords: ENVIRONMENT AND PLANNING – Land and Environment Court – practice and procedure - notice of motion - extension of time – commencement of proceedings – judicial review – development consent – exercise of discretionary powers – public interest – leave granted Legislation Cited: Environmental Planning and Assessment Act 1979 Land & Environment Court Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Bankstown City Council v Ramahi [2015] NSWLEC 74 Wingecarribee Shire Council v Uri Turgeman trading as Uri T Design [2018] NSWLEC 146 Category: Procedural and other rulings Parties: Omaya Investments Pty Ltd (Applicant) Dean Street Holdings Pty Ltd (First Respondent) TQM Design and Construct Pty Ltd (Second Respondent) Patrick John Elias (Third Respondent) Maurice Freixas (Fourth Respondent) Burwood Council (Fifth Respondent) Representation: Counsel: M Wright SC and J Walker (Applicant) C Leggat SC and L Nurpuri (First to Third Respondents) Submitting Appearance (Fourth Respondent) R White (Fifth Respondent)