NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Mulpha Norwest Pty Ltd v The Hills Shire Council [2020] NSWLEC 7 Hearing dates: 10 February 2020 Date of orders: 10 February 2020 Decision date: 10 February 2020 Jurisdiction: Class 1 Before: Pepper J Decision: Separate question ordered. See orders at [39]. Catchwords: SEPARATE QUESTION: whether a separate question ought to be ordered – applicable legal principles – question if answered in favour of the council dispositive of appeal – facts necessary to determine question agreed – no expert evidence required to determine question – question has potential precedential value – separate question ordered. Legislation Cited: The Hills Local Environmental Plan 2012, cls 4.4, 4.5, 4.6, 7.12 Uniform Civil Procedure Rules 2005, r 28.2 Civil Procedure Act 2005, s 56 Cases Cited: Royal Motor Yacht Club (Broken Bay) New South Wales Pty Ltd v Northern Beaches Council [2016] NSWLEC 87 820 Cawdor Road Pty Ltd v Wollondilly Shire Council [2013] NSWLEC 8; (2013) 195 LGERA 170 Johnson Property Group Pty Limited v Lake Macquarie City Council [2020] NSWLEC 4 Eunomia Development Pty Limited v Sydney City Council [2016] NSWLEC 1342 Category: Procedural and other rulings Parties: Mulpha Norwest Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr C McEwan SC (Applicant) Mr A Pickles SC (Respondent)
Solicitors: Addisons (Applicant) Marsdens (Respondent) File Number(s): 2019/317942
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