Kindimindi Investments Pty Limited v Lane Cove Council & Anor (No. 2) [2006] NSWLEC 539

Kindimindi Investments Pty Limited v Lane Cove Council & Anor (No. 2) [2006] NSWLEC 539

Since Lane Cove Council has now complied with the specified terms to remedy the technical defect, and there is no further complaint, the Court grants the declarations and orders sought by the respondents regarding compliance, validly re-granted consent, revocation of the original consent, and lifting of suspension orders.

Jurisdiction
Australia
Judgment Date
28 August 2006
Procedural Posture
Development Consent Validity Proceeding / Post Remittal Judgment
Outcome
Declarations and orders sought by respondents granted; costs reserved.
Legal Topics
['development Consent' 'court Orders' 'compliance' 'remedial Discretion' 'breach of Planning Legislation']
['planning and Environment' 'administrative Law'] ['development Consent' 'court Orders' 'compliance' 'remedial Discretion' 'breach of Planning Legislation']

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Procedural Posture

Development Consent Validity Proceeding / Post Remittal Judgment

Legal Issues

  1. 1 ['whether Lane Cove Council remedied the technical defect in development consent identified by Court of Appeal' 'whether declarations and orders sought by respondents should be made regarding validity and revocation of consent']

Ratio Decidendi

Since Lane Cove Council has now complied with the specified terms to remedy the technical defect, and there is no further complaint, the Court grants the declarations and orders sought by the respondents regarding compliance, validly re-granted consent, revocation of the original consent, and lifting of suspension orders.

Court Disposition

Declarations and orders sought by respondents granted; costs reserved.

Orders

  • ["Declarations set out in paragraphs 1, 2 and 3 of the respondents' notice of motion made." 'Order in paragraph 4 of the notice of motion made.' 'Question of costs reserved.']