Sader v Kogarah Council & Others [2008] NSWLEC 212
On the evidence, there was no denial of procedural fairness, nor any failure by Council to take into account relevant considerations or to act with manifest unreasonableness; therefore, the application must be dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 22 July 2008
- Procedural Posture
- Class 4 Judicial Review Proceedings / Ex Tempore Judgment After Hearing
- Outcome
- Application dismissed
- Legal Topics
- ['procedural Fairness' 'development Consent' 'compliance With DCP Notification Policy']
Case Brief
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Procedural Posture
Class 4 Judicial Review Proceedings / Ex Tempore Judgment After Hearing
Legal Issues
- 1 ['Whether denial of procedural fairness occurred in granting development consent' 'Whether Kogarah Council complied with DCP 20 notification policy for amended plans']
Ratio Decidendi
On the evidence, there was no denial of procedural fairness, nor any failure by Council to take into account relevant considerations or to act with manifest unreasonableness; therefore, the application must be dismissed.
Court Disposition
Application dismissed
Orders
- ['Application is dismissed.' 'Costs reserved.']
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