Hunter v Wyong Shire Council [2012] NSWLEC 250

Hunter v Wyong Shire Council [2012] NSWLEC 250

Given that the resolution of the separate question regarding prohibition under the Wyong Local Environmental Plan 1991 would, if answered against the applicant, wholly dispose of the proceedings and save significant costs and time, it is appropriate to order its separate determination.

Jurisdiction
Australia
Judgment Date
09 November 2012
Procedural Posture
Class 1 Development Appeal / Preliminary; Determination of Separate Question Ordered
Outcome
Separate and preliminary question ordered; consequential orders made.
Legal Topics
['separate Questions' 'preliminary Issues' 'development Applications' 'permissibility Under Planning Instruments']
['planning and Environment Law' 'civil Procedure'] ['separate Questions' 'preliminary Issues' 'development Applications' 'permissibility Under Planning Instruments']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Preliminary; Determination of Separate Question Ordered

Legal Issues

  1. 1 ['Whether the proposed development is prohibited under the Wyong Local Environmental Plan 1991' 'Whether a separate and preliminary question should be ordered in Class 1 proceedings']

Ratio Decidendi

Given that the resolution of the separate question regarding prohibition under the Wyong Local Environmental Plan 1991 would, if answered against the applicant, wholly dispose of the proceedings and save significant costs and time, it is appropriate to order its separate determination.

Court Disposition

Separate and preliminary question ordered; consequential orders made.

Orders

  • ['That the following question be determined separately from any other question before any further trial in the proceedings: Whether the proposed development is prohibited under the Wyong Local Environmental Plan 1991.' 'Leave granted to approach the Registrar for the hearing of the separate question (estimate of a...