D'Arcy v Bega Valley Shire Council [No 2] [2003] NSWLEC 183

D'Arcy v Bega Valley Shire Council [No 2] [2003] NSWLEC 183

Declarations made in the Class 4 proceedings (declarations 3 and 4) make clear that the subdivision application subject of the Class 1 proceedings cannot proceed. The Court will not answer the applicant's posed questions of law, as the proper course is to appeal if aggrieved.

Parties
Applicant: John Kevin D'Arcy; Respondent: Bega Valley Shire Council
Jurisdiction
Australia
Judgment Date
22 July 2003
Procedural Posture
Class 1 Proceedings (land and Environment Court Nsw) / Post Judgment Questions of Law; Consideration of Dismissal
Outcome
Application not dismissed at this stage—listing for further mention
Legal Topics
Subdivision Application, Preliminary Questions of Law, Declarations in Planning Law
Environmental Law Administrative Law Subdivision Application Preliminary Questions of Law Declarations in Planning Law

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Parties

John Kevin D'Arcy

Applicant

Bega Valley Shire Council

Respondent

Procedural Posture

Class 1 Proceedings (land and Environment Court Nsw) / Post Judgment Questions of Law; Consideration of Dismissal

Legal Issues

  1. 1 Whether previous judgments in Class 1 proceedings are still standing and binding
  2. 2 Whether declarations in related Class 4 proceedings affect the permissibility of continuing the Class 1 application

Ratio Decidendi

Declarations made in the Class 4 proceedings (declarations 3 and 4) make clear that the subdivision application subject of the Class 1 proceedings cannot proceed. The Court will not answer the applicant's posed questions of law, as the proper course is to appeal if aggrieved.

Court Disposition

Application not dismissed at this stage—listing for further mention

Orders

  • Matter listed for mention by teleconference at 9.30 am on 12 August 2003