Those Best Placed Pty Ltd v Tweed Shire Council [2010] NSWLEC 83

Those Best Placed Pty Ltd v Tweed Shire Council [2010] NSWLEC 83

No reasonable cause of action was disclosed by the applicants' proceedings. Council's requests for an OSM Compliance Report and refusal of related development applications were lawful and within power. The asserted failures or decisions by council did not amount to reviewable errors or statutory breaches. Relief or compensation claimed had no statutory or legal foundation on the evidence. The proceedings should be, and were, summarily dismissed.

Parties
First Applicant: Those Best Placed Pty Ltd; Second Applicant: Sandra Schultz; Respondent: Tweed Shire Council
Jurisdiction
Australia
Judgment Date
27 May 2010
Procedural Posture
Class 4 Judicial Review (practice and Procedure) / Summary Dismissal Motion
Outcome
Proceedings dismissed (summary dismissal)
Legal Topics
Summary Dismissal, Development Applications, Onsite Sewage Management, Existing Use Rights, Procedural Fairness, Environmental Planning Instruments, Planning Certificates
Administrative Law Planning and Environment Law Local Government Law Summary Dismissal Development Applications Onsite Sewage Management Existing Use Rights Procedural Fairness +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Those Best Placed Pty Ltd

First Applicant

Sandra Schultz

Second Applicant

Tweed Shire Council

Respondent

Procedural Posture

Class 4 Judicial Review (practice and Procedure) / Summary Dismissal Motion

Legal Issues

  1. 1 Whether the proceedings disclose a reasonable cause of action under planning and local government statutes
  2. 2 Whether council acted unlawfully in refusing development application and requesting onsite sewage management (OSM) compliance report
  3. 3 Whether damages or compensation are available under s 179 Local Government Act 1993 (NSW) for alleged vexatious council conduct

Ratio Decidendi

No reasonable cause of action was disclosed by the applicants' proceedings. Council's requests for an OSM Compliance Report and refusal of related development applications were lawful and within power. The asserted failures or decisions by council did not amount to reviewable errors or statutory breaches. Relief or compensation claimed had no statutory or legal foundation on the evidence. The proceedings should be, and were, summarily dismissed.

Court Disposition

Proceedings dismissed (summary dismissal)

Orders

  • 1. The proceedings are dismissed.
  • 2. The applicants are to pay the respondent's costs.