Kindimindi Investments Pty. Limited v. Lane Cove Council & Anor [2007] NSWCA 38

Kindimindi Investments Pty. Limited v. Lane Cove Council & Anor [2007] NSWCA 38

Division 3 of Part 3 of the Land and Environment Court Act 1979 is not limited to invalidity arising from preliminary steps, but applies to all development consents; therefore, the orders under s.25B to validate the consent were within power and appeal must be dismissed with costs.

Parties
Claimant: Kindimindi Investments Pty. Limited; 1st Opponent: Lane Cove Council; 2nd Opponent: Fabcot Pty. Limited
Jurisdiction
Australia
Judgment Date
28 February 2007
Procedural Posture
Appeal / Application for Leave to Appeal and Substantive Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
Powers of Land and Environment Court, Invalidity of Development Consent, Orders Under S.25 B Land and Environment Court Act, Conditional Validity of Development Consents, Interpretation of Statutory Provisions, Costs in Public Interest Litigation
Administrative Law Environment Law Local Government Law Powers of Land and Environment Court Invalidity of Development Consent Orders Under S.25 B Land and Environment Court Act Conditional Validity of Development Consents Interpretation of Statutory Provisions +1 more

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Parties

Kindimindi Investments Pty. Limited

Claimant

Lane Cove Council

1st Opponent

Fabcot Pty. Limited

2nd Opponent

Procedural Posture

Appeal / Application for Leave to Appeal and Substantive Appeal Judgment

Legal Issues

  1. 1 Whether Division 3 of Part 3 of the Land and Environment Court Act 1979 applies to development consents invalid for reasons other than preliminary procedural breaches
  2. 2 Whether the court may exercise its discretion to make orders under s.25B in cases of substantive as well as procedural invalidity
  3. 3 Interpretation of 'extends' in s.25A(2) of the Land and Environment Court Act 1979

Ratio Decidendi

Division 3 of Part 3 of the Land and Environment Court Act 1979 is not limited to invalidity arising from preliminary steps, but applies to all development consents; therefore, the orders under s.25B to validate the consent were within power and appeal must be dismissed with costs.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • Leave to appeal granted.
  • Notice of appeal to be filed within fourteen days.