Waluya Pty Ltd v Minister for Planning and Public Spaces [2024] NSWLEC 18

Waluya Pty Ltd v Minister for Planning and Public Spaces [2024] NSWLEC 18

The Court declined to order determination of the separate question because, approaching the power with caution, it could not be satisfied that separate determination would materially save time or costs or facilitate the just, quick and cheap resolution of the proceedings. The evidence indicated potential overlap between the evidence for the separate question and the substantive Class 1 hearing, conflicting estimates of costs and evidence required, uncertainty about any responsive evidence, and a risk of fragmentation and multiplicity of proceedings if an adverse determination prompted an appeal.

Jurisdiction
Australia
Judgment Date
15 March 2024
Procedural Posture
Class 1 Development Appeal / Notice of Motion Seeking Separate Determination of a Question Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
The Minister for Planning and Public Spaces' notice of motion was dismissed and costs were reserved.
Legal Topics
['separate Determination of Question' 'class 1 Development Application Appeal' 'characterisation of Development' 'permissibility of Development' 'just, Quick and Cheap Resolution of Proceedings']
['civil Procedure' 'planning and Environment'] ['separate Determination of Question' 'class 1 Development Application Appeal' 'characterisation of Development' 'permissibility of Development' 'just, Quick and Cheap Resolution of Proceedings']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Notice of Motion Seeking Separate Determination of a Question Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether the Court should order that the question of whether the proposed development is prohibited under Chapter 5 of the State Environmental Planning Policy (Precincts - Regional) 2021 or permissible with consent under Clause 2.112 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 be determined separately from and prior to any other issues.' 'Whether separate determination would facilitate the just, quick and cheap resolution of the proceedings.' 'Whether the proposed separate question would involve overlapping evidence, fragmentation, extra cost or delay.']

Ratio Decidendi

The Court declined to order determination of the separate question because, approaching the power with caution, it could not be satisfied that separate determination would materially save time or costs or facilitate the just, quick and cheap resolution of the proceedings. The evidence indicated potential overlap between the evidence for the separate question and the substantive Class 1 hearing, conflicting estimates of costs and evidence required, uncertainty about any responsive evidence, and a risk of fragmentation and multiplicity of proceedings if an adverse determination prompted an appeal.

Court Disposition

The Minister for Planning and Public Spaces' notice of motion was dismissed and costs were reserved.

Orders

  • ["The Minister for Planning and Public Spaces' notice of motion filed 14 September 2023 is dismissed." 'Costs are reserved.' 'The Class 1 application is listed for a s 34 conciliation conference on 30 April 2024.' 'As the matter is listed for further directions before the Registrar on 6 May 2024, there is no need to...