DOE v COGENTE PTY LTD AND ORS [1997] NSWCA 90

DOE v COGENTE PTY LTD AND ORS [1997] NSWCA 90

The three related matters should be heard together due to their common factual basis, but the application for expedited hearing is refused as the circumstances do not justify expedition according to Court precedent.

Parties
Applicant: Doe; Respondent: Cogente Pty Ltd
Jurisdiction
Australia
Judgment Date
20 November 1997
Procedural Posture
Appeal / Callover
Outcome
Appeals to be heard together; application for expedition refused.
Legal Topics
Right of Way, Development Consent, Injunctions, S88 E Instrument, Expedition of Appeals
Property Law Planning Law Right of Way Development Consent Injunctions S88 E Instrument Expedition of Appeals

Case Brief

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Parties

Doe

Applicant

Cogente Pty Ltd

Respondent

Procedural Posture

Appeal / Callover

Legal Issues

  1. 1 Whether the three related appeals should be heard together
  2. 2 Whether the appeals should be expedited
  3. 3 Whether the s88E instrument was a valid instrument in relation to development consent

Ratio Decidendi

The three related matters should be heard together due to their common factual basis, but the application for expedited hearing is refused as the circumstances do not justify expedition according to Court precedent.

Court Disposition

Appeals to be heard together; application for expedition refused.

Orders

  • The three appeals will be heard together in the general list.
  • Application for expedition is refused.