Harvey Woodhouse v Michael Schembri & Anor; Harvey Woodhouse v Wyong Shire Council & Anor [2007] NSWLEC 861

Harvey Woodhouse v Michael Schembri & Anor; Harvey Woodhouse v Wyong Shire Council & Anor [2007] NSWLEC 861

Due to the applicant's compliance with statutory timing and the absence of specific procedural rules, as well as the interests of justice and objector rights, leave was granted for the appeal to proceed.

Jurisdiction
Australia
Judgment Date
14 December 2007
Procedural Posture
Appeal / Leave to Appeal (s.96 Aa(4)) Granted, Matter Referred for Case Management
Outcome
Leave to appeal granted; matter referred for case management
Legal Topics
['modification of Development Consent' 'objector Appeals' 'court Leave Requirements']
['planning Law' 'environmental Law'] ['modification of Development Consent' 'objector Appeals' 'court Leave Requirements']

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Procedural Posture

Appeal / Leave to Appeal (s.96 Aa(4)) Granted, Matter Referred for Case Management

Legal Issues

  1. 1 ['Whether leave should be granted for an objector appeal under s.96AA(4) of the Environmental Planning and Assessment Act 1979 after a modification of development consent' 'Whether the applicant complied with statutory requirements for lodging the appeal']

Ratio Decidendi

Due to the applicant's compliance with statutory timing and the absence of specific procedural rules, as well as the interests of justice and objector rights, leave was granted for the appeal to proceed.

Court Disposition

Leave to appeal granted; matter referred for case management

Orders

  • ['Leave is granted for Mr Woodhouse to prosecute his appeal in Matter 11127 of 2007.' "The matter is referred back to the Registrar for the usual case management, and should be included in the Registrar's list for Wednesday 19 December 2007." 'The exhibits are returned to Counsel for Mr & Mrs Schembri.']