Commitment Pty Ltd v Georges River Council [2022] NSWLEC 87

Commitment Pty Ltd v Georges River Council [2022] NSWLEC 87

The separate question should be ordered because it was an arguable and clearly defined legal question requiring no expert evidence, no credit determination and no voluminous documentary evidence; if answered in favour of the Council it would be dispositive of the proceedings; if answered in favour of Commitment it would substantially narrow the legal and evidential controversy; and early determination would preserve the utility of the s 34 conciliation conference and produce significant savings in costs, time and hearing complexity consistent with s 56 of the Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
15 July 2022
Procedural Posture
Class 1 Appeal Against the Deemed Refusal of Development Application Number Da2021/0415 / Amended Notice of Motion Seeking Determination of a Separate Question
Outcome
Separate question ordered and consequential timetabling directions made.
Legal Topics
['separate Question' 'development Application' 'savings Provisions' 'local Environmental Plan' 'development Control Plan' 'class 1 Appeal' 's 34 Conciliation Conference']
['planning and Environment Law' 'civil Procedure'] ['separate Question' 'development Application' 'savings Provisions' 'local Environmental Plan' 'development Control Plan' 'class 1 Appeal' 's 34 Conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal Against the Deemed Refusal of Development Application Number Da2021/0415 / Amended Notice of Motion Seeking Determination of a Separate Question

Legal Issues

  1. 1 ['Whether a four-part question concerning the application of cl 1.8A of the Georges River Local Environmental Plan 2021 and cl 1.7 of the Georges River Development Control Plan 2021 should be heard and determined separately.' 'Whether, for the savings provisions, the development application was made before commencement of the Georges River Local Environmental Plan 2021 and the Georges River Development Control Plan 2021.' 'Whether the Georges River Local Environmental Plan 2021 and Georges River Development Control Plan 2021, or the Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No 1, apply to the development application.']

Ratio Decidendi

The separate question should be ordered because it was an arguable and clearly defined legal question requiring no expert evidence, no credit determination and no voluminous documentary evidence; if answered in favour of the Council it would be dispositive of the proceedings; if answered in favour of Commitment it would substantially narrow the legal and evidential controversy; and early determination would preserve the utility of the s 34 conciliation conference and produce significant savings in costs, time and hearing complexity consistent with s 56 of the Civil Procedure Act 2005.

Court Disposition

Separate question ordered and consequential timetabling directions made.

Orders

  • ['Pursuant to r 28.2 of the Uniform Civil Procedure Rules 2005, leave is granted for the separate question of law to be determined by the Court.' 'The matter is listed for hearing of the determination of the separate question of law on 2 August 2022.' 'The parties are to confer and prepare an agreed statement of...