Byron Shire Council v Master Alchemy Pty Ltd [2020] NSWLEC 12

Land and Environment Court New South Wales

Medium Neutral Citation: Byron Shire Council v Master Alchemy Pty Ltd [2020] NSWLEC 12 Hearing dates: 20 February 2020 Date of orders: 20 February 2020 Decision date: 25 February 2020 Jurisdiction: Class 4 Before: Pepper J Decision: See at [57] and [58]. Catchwords: PROCEDURE: application for stay of Class 4 civil enforcement proceedings pending final determination of two Class 1 proceedings relating to the same development - application to consolidate Class 4 and Class 1 proceedings to be heard before a judge- applicable legal principles- no presumption that Class 4 matter should be stayed- matters dealt with identical subject-matter and raised almost identical legal and factual issues- similar expert evidence required for all sets of proceedings- savings in time and costs if matters heard concurrently- application for stay dismissed- application to hear all three sets of proceedings together upheld- order for joinder of relevant Minister to all three sets of proceedings- order for mediation to occur on site made. Legislation Cited: Byron Local Environmental Plan 1988 Byron Local Environmental Plan 2014 Civil Procedure Act 2005, ss 26, 56, 66 Environmental Planning and Assessment Act 1979, ss 4.2(1)(a), 9.34, 9.46(3) Marine Estate Management Act 2014, ss 56(1), 55(3)(a)(i) and (ii) Marine Estate Management (Management Rules) Regulation 1999, cls 1.1, 1.10(a), 1.11(1) Marine Estate Management Regulation 2017, cls 5, 8.1, 9 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Attard v Transport for New South Wales [2013] NSWLEC 176 BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399; (2004) 138 LGERA 237 Diab v Cavasinni [2019] NSWLEC 204 Category: Procedural and other rulings Parties: Bryon Shire Council (Applicant) Master Alchemy Pty Ltd (Respondent) Representation: Counsel: J Lazarus SC (Applicant) L Nupuri (Respondent)