Malesev v Strati [2014] NSWLEC 91

Malesev v Strati [2014] NSWLEC 91

The Council must comply with procedural orders and the provisions of Rule 59.9, regardless of having filed a submitting appearance, and is required to provide a copy of the decision and a statement of reasons for that decision to the applicant and first respondent.

Parties
Applicant: Steve Malesev; First Respondent: Domenico Strati; Second Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
26 June 2014
Procedural Posture
Judicial Review (class 4) / Ruling on Procedural Dispute Regarding Provision of Decision and Statement of Reasons
Outcome
Council ordered to provide documents and pay applicant's costs. Proceedings stood over for directions.
Legal Topics
Judicial Review, Provision of Reasons for Decision, Submitting Appearance, Compliance With Procedural Orders
Administrative Law Planning Law Civil Procedure Judicial Review Provision of Reasons for Decision Submitting Appearance Compliance With Procedural Orders

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Parties

Steve Malesev

Applicant

Domenico Strati

First Respondent

Sutherland Shire Council

Second Respondent

Procedural Posture

Judicial Review (class 4) / Ruling on Procedural Dispute Regarding Provision of Decision and Statement of Reasons

Legal Issues

  1. 1 Whether Sutherland Shire Council should be directed to provide a copy of its decision and a statement of reasons, despite having filed a submitting appearance
  2. 2 Interpretation and interaction of UCPR r 6.11 and r 59.9 with respect to procedural obligations

Ratio Decidendi

The Council must comply with procedural orders and the provisions of Rule 59.9, regardless of having filed a submitting appearance, and is required to provide a copy of the decision and a statement of reasons for that decision to the applicant and first respondent.

Court Disposition

Council ordered to provide documents and pay applicant's costs. Proceedings stood over for directions.

Orders

  • Council to provide to the Applicant and First Respondent by 5.00pm on 17 July 2014 a copy of the decision made on 5 November 2013 (development application DA 13/0416 for new dwelling at 5 Church Street Woolooware) and a statement of reasons for that decision in accordance with r 59.9(3) of the Uniform Civil...
  • Council must pay the Applicant's costs of the application for this order.