Perpetual Trustee Company Limited v City of Sydney Council [2006] NSWLEC 694

Perpetual Trustee Company Limited v City of Sydney Council [2006] NSWLEC 694

The court held that after balancing potential prejudice to Westfield against possible wasted costs for the applicant, the matter should be progressed in the ordinary way, as condition 56 has been held valid by the Court of Appeal and no application for leave to appeal has been made.

Parties
Applicant: Perpetual Trustee Company Limited; First Respondent: City of Sydney Council; Second Respondent: Westfield Management Limited
Jurisdiction
Australia
Judgment Date
24 October 2006
Procedural Posture
Class 1 Proceedings (appeal) / Preliminary Directions Hearing
Outcome
Matter stood over for directions; parties directed to confer and agree on directions to progress the matter.
Legal Topics
Development Consent Modification, Right of Way, Practice and Procedure, Stay of Proceedings
Planning and Environment Law Development Consent Modification Right of Way Practice and Procedure Stay of Proceedings

Case Brief

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Parties

Perpetual Trustee Company Limited

Applicant

City of Sydney Council

First Respondent

Westfield Management Limited

Second Respondent

Procedural Posture

Class 1 Proceedings (appeal) / Preliminary Directions Hearing

Legal Issues

  1. 1 Whether the proceedings should be delayed pending the outcome of related Court of Appeal decision regarding construction of the right of way
  2. 2 Whether progressing the matter would cause wasted costs or prejudice to parties

Ratio Decidendi

The court held that after balancing potential prejudice to Westfield against possible wasted costs for the applicant, the matter should be progressed in the ordinary way, as condition 56 has been held valid by the Court of Appeal and no application for leave to appeal has been made.

Court Disposition

Matter stood over for directions; parties directed to confer and agree on directions to progress the matter.

Orders

  • Parties to confer and attempt to agree directions to progress the matter.
  • Matter listed for e-court before the Registrar on Friday for directions.