Evolution Planning Pty Limited v Northern Beaches Council [2017] NSWLEC 23
The motion for expedition was refused as the Applicant had not acted expeditiously and was seeking to leapfrog related proceedings, with no cogent reason to depart from ordinary procedures. The related matter was already proceeding, and the commissioner was aware of the Applicant's development application and planning evidence.
- Parties
- Applicant: Evolution Planning Pty Limited; Respondent: Northern Beaches Council; Intervenor: Warriewood Vale Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 02 March 2017
- Procedural Posture
- Class 1 Appeal / Notice of Motion for Expedition Dismissed
- Outcome
- Notice of Motion for expedition refused
- Legal Topics
- Practice and Procedure, Expedition of Proceedings, Development Applications
Case Brief
Summary, issues, holding and outcome
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Parties
Evolution Planning Pty Limited
Applicant
Northern Beaches Council
Respondent
Warriewood Vale Pty Ltd
Intervenor
Procedural Posture
Class 1 Appeal / Notice of Motion for Expedition Dismissed
Legal Issues
- 1 Whether the Applicant's Class 1 appeal should be expedited so as to be heard before related proceedings
Ratio Decidendi
The motion for expedition was refused as the Applicant had not acted expeditiously and was seeking to leapfrog related proceedings, with no cogent reason to depart from ordinary procedures. The related matter was already proceeding, and the commissioner was aware of the Applicant's development application and planning evidence.
Court Disposition
Notice of Motion for expedition refused
Orders
- The Notice of Motion filed by the Applicant dated 2 March 2017 be dismissed.
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