Young Industries Pty Limited v Parramatta City Council [2000] NSWLEC 266

Young Industries Pty Limited v Parramatta City Council [2000] NSWLEC 266

The present application is an abuse of process as it seeks to re-litigate issues previously determined on virtually identical facts and development proposals; therefore, the proceedings should be struck out.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 December 2000
Procedural Posture
Class One Appeal / Strike Out Application and Costs Determination
Outcome
Appeal struck out as an abuse of process; costs partially awarded to council.
Legal Topics
['abuse of Process' 'development Applications' 'dual Occupancy' 'local Environmental Plan']
['planning and Environment Law'] ['abuse of Process' 'development Applications' 'dual Occupancy' 'local Environmental Plan']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Class One Appeal / Strike Out Application and Costs Determination

Legal Issues

  1. 1 ['Whether the current proceedings constitute an abuse of process' 'Whether the development application is substantially identical to previous applications already determined and struck out' 'Whether costs should be awarded to the council']

Ratio Decidendi

The present application is an abuse of process as it seeks to re-litigate issues previously determined on virtually identical facts and development proposals; therefore, the proceedings should be struck out.

Court Disposition

Appeal struck out as an abuse of process; costs partially awarded to council.

Orders

  • ['The class one appeal no 10918 of 2000 be struck out as an abuse of the process of the Court pursuant to the provisions of Part 13 rule 5(1)(c) of the Supreme Court Rules 1970.' 'The applicant pay the costs of the council of the hearing of the notice of motion of 12 December 2000.' "The applicant's notice of motion...