Hoxton Park Residents Action Group Inc v Liverpool City Council (No 2) [2010] NSWLEC 259

Hoxton Park Residents Action Group Inc v Liverpool City Council (No 2) [2010] NSWLEC 259

As the applicant abandoned its constitutional reply and the time bar defence under s 101 Environmental Planning and Assessment Act 1979 succeeded, the application is dismissed and costs are ordered against the applicant.

Jurisdiction
Australia
Judgment Date
14 December 2010
Procedural Posture
Judicial Review / Ex Tempore Judgment; Application Dismissal
Outcome
application dismissed
Legal Topics
['development Consent Validity' 'time Bar Defence' 'constitutional Reply' 'costs Order']
['environmental Law' 'planning Law' 'judicial Review'] ['development Consent Validity' 'time Bar Defence' 'constitutional Reply' 'costs Order']

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Procedural Posture

Judicial Review / Ex Tempore Judgment; Application Dismissal

Legal Issues

  1. 1 ['Is the applicant’s constitutional reply to the s 101 time bar defence valid?' 'Does s 101 Environmental Planning and Assessment Act 1979 bar the proceedings?' 'Should costs be awarded to the successful respondents?']

Ratio Decidendi

As the applicant abandoned its constitutional reply and the time bar defence under s 101 Environmental Planning and Assessment Act 1979 succeeded, the application is dismissed and costs are ordered against the applicant.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.' "The applicant is to pay the second and third respondents' costs."]