Falcomata v Ku-ring-gai Council (No 3) [2005] NSWLEC 541

Falcomata v Ku-ring-gai Council (No 3) [2005] NSWLEC 541

No evidentiary basis was established to warrant a departure from the application of the s 94 contributions plan; the full contribution as reflected in condition 79 is imposed. A costs order of $435 is appropriate for today's proceedings due to inadequate evidence leading to adjournment, subject to the concurrence of the Acting Chief Judge.

Jurisdiction
Australia
Judgment Date
08 September 2005
Procedural Posture
Class 1 Proceedings (land and Environment) / Post Consent, Application for Variation of S 94 Contribution and Costs
Outcome
Application for variation of s 94 contribution dismissed; condition 79 imposed unvaried; partial costs order granted in favour of respondent for today's hearing, subject to judicial concurrence.
Legal Topics
['developer Contributions' 'local Government Rates' 'costs Orders']
['planning and Environment Law'] ['developer Contributions' 'local Government Rates' 'costs Orders']

Case Brief

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Procedural Posture

Class 1 Proceedings (land and Environment) / Post Consent, Application for Variation of S 94 Contribution and Costs

Legal Issues

  1. 1 ['Whether the s 94 contribution under the Environmental Planning and Assessment Act 1979 should be varied or disallowed for Lot 2 based on prior rating history' "Whether a costs order should be granted relating to the adjournment and today's hearing"]

Ratio Decidendi

No evidentiary basis was established to warrant a departure from the application of the s 94 contributions plan; the full contribution as reflected in condition 79 is imposed. A costs order of $435 is appropriate for today's proceedings due to inadequate evidence leading to adjournment, subject to the concurrence of the Acting Chief Judge.

Court Disposition

Application for variation of s 94 contribution dismissed; condition 79 imposed unvaried; partial costs order granted in favour of respondent for today's hearing, subject to judicial concurrence.

Orders

  • ['Condition 79 of the conditions of consent for Lot 2 imposed unvaried.' "Applicant to pay costs of $435 to Ku-ring-gai Council for today's proceedings, subject to concurrence of Acting Chief Judge."]