Sader v Kogarah Council & Others [2008] NSWLEC 212

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

  1. 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.']