Botany Bay City Council v Farnworth Holdings Pty Limited [2004] NSWCA 157

Botany Bay City Council v Farnworth Holdings Pty Limited [2004] NSWCA 157

The Commissioner properly applied clause 11 of the Development Control Plan and gave adequate reasons for his decision. No error of law was established. The application for leave to appeal was dismissed with costs, with indemnity costs ordered from 3 May 2004 due to the refusal of a Calderbank offer and the intrinsic lack of merit in the appeal.

Parties
Claimant: Botany Bay City Council; Opponent: Farnworth Holdings Pty Limited
Jurisdiction
Australia
Judgment Date
14 May 2004
Procedural Posture
Application for Leave to Appeal and Appeal / Court of Appeal Decision on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs. Costs as from 3 May 2004 to be paid on an indemnity basis.
Legal Topics
Development Application, Section 56 a Appeal, Development Control Plan, Costs of Appeal, Indemnity Costs, Calderbank Offer
Local Government Practice and Procedure Development Application Section 56 a Appeal Development Control Plan Costs of Appeal Indemnity Costs Calderbank Offer

Case Brief

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Parties

Botany Bay City Council

Claimant

Farnworth Holdings Pty Limited

Opponent

Procedural Posture

Application for Leave to Appeal and Appeal / Court of Appeal Decision on Application for Leave to Appeal

Legal Issues

  1. 1 Whether Commissioner failed properly to apply clause 11 of the Development Control Plan
  2. 2 Whether Commissioner gave adequate reasons for decision
  3. 3 Whether refusal of Calderbank offer warranted indemnity costs

Ratio Decidendi

The Commissioner properly applied clause 11 of the Development Control Plan and gave adequate reasons for his decision. No error of law was established. The application for leave to appeal was dismissed with costs, with indemnity costs ordered from 3 May 2004 due to the refusal of a Calderbank offer and the intrinsic lack of merit in the appeal.

Court Disposition

Application for leave to appeal dismissed with costs. Costs as from 3 May 2004 to be paid on an indemnity basis.

Orders

  • Application for leave to appeal dismissed with costs.
  • Costs as from 3 May 2004 to be paid on an indemnity basis.