NSWNSWLEC
Miltonbrook Managements Pty Limited v Shellharbour City Council
[2004] NSWLEC 185
Land and Environment Court (NSW)|2004-02-13|Before: Pain J, Mr J
View original sourceAt a glance
Source factsCourt
Land and Environment Court (NSW)
Decision date
2004-02-13
Before
Pain J, Mr J
Source
Original judgment source is linked above.
Judgment (28 paragraphs)
[1]
- The Applicant argues that Hollis was conclusive on the matters raised in it so that these matters cannot be considered in later proceedings which seek to raise the issues already dealt with in Hollis . Further, the Applicant argues that the new arguments now sought to be raised by the Council could have been raised in Hollis .
[2]
- These proceedings are in Class 1 of the Court's jurisdiction. The Council is the respondent in these proceedings because it has refused the Applicant's development consent. Hollis concerned Class 4 proceedings in which the Council was the respondent having approved a very similar development application, also made by the current Applicant, which was then under challenge by a third party objector. While the Class 4 proceedings in Hollis and the current Class 1 proceedings before me are clearly different in nature, the same parties are before me and the legal issues in relation to cl 4(1)(a)(i) in both matters are the same.
[3]