Henry and Ors v Shellharbour City Council [2005] NSWLEC 365

Henry and Ors v Shellharbour City Council [2005] NSWLEC 365

Because the Council has revoked the s 121B order and the validity of the revocation is not challenged, there is no longer any basis for the undertaking to be continued. The Council is released from the undertaking.

Jurisdiction
Australia
Judgment Date
14 April 2005
Procedural Posture
Appeal / Interlocutory; Application to Be Released From Undertaking
Outcome
Council released from undertaking; hearing adjourned for determination of costs and other remaining issues
Legal Topics
['revocation of Order Under S 121 B Environmental Planning and Assessment Act 1979' 'undertaking to the Court' 'release From Undertaking' 'practice and Procedure']
['planning Law' 'local Government Law' 'practice and Procedure'] ['revocation of Order Under S 121 B Environmental Planning and Assessment Act 1979' 'undertaking to the Court' 'release From Undertaking' 'practice and Procedure']

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Procedural Posture

Appeal / Interlocutory; Application to Be Released From Undertaking

Legal Issues

  1. 1 ['Whether the Council should be released from the undertaking given to the Court on 23 March 2005' 'Effect of the revocation of the s 121B order on the need for the undertaking']

Ratio Decidendi

Because the Council has revoked the s 121B order and the validity of the revocation is not challenged, there is no longer any basis for the undertaking to be continued. The Council is released from the undertaking.

Court Disposition

Council released from undertaking; hearing adjourned for determination of costs and other remaining issues

Orders

  • ['Hearing adjourned until 27 April 2005 at 10 am.' 'Applicants to provide written submissions and evidence, including detailed estimate of any claim for costs, by 4pm on 20 April 2005.' 'Council to provide written submissions in reply and evidence by 4pm on 26 April 2005.' 'Council is released forthwith from the...