Altz Pty Limited v Shellharbour City Council

Land and Environment Court New South Wales Case Title: Altz Pty Limited v Shellharbour City Council Medium Neutral Citation: [2014] NSWLEC 147 Hearing Date(s): 7 August 2014 Decision Date: 07 August 2014 Jurisdiction: Class 1 Before: Pain J Decision: Determination of separate question not ordered Catchwords: PROCEDURE - whether Court should order hearing of separate question Legislation Cited: Shellharbour Local Environmental Plan 2013 Uniform Civil Procedure Rules 2005 r 28.2 Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103; (2013) 195 LGERA 182 Association for Better Living and Education Inc v Wyong Shire Council [2014] NSWLEC 96 Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR 1 Category: Procedural and other rulings Parties: Shellharbour City Council (Applicant on motion) Altz Pty Limited (Respondent on motion) Representation - Counsel: Ms H Irish (Applicant on motion) Mr O'Donnell (solicitor) (Respondent on motion) - Solicitors: RMB Lawyers (Applicant on motion) Addisons (Respondent on motion) File Number(s): 10464 of 2014 EX TEMPORE JUDGMENTBefore me is an application for a separate question to be identified and determined as a preliminary matter in these Class 1 proceedings as identified in a Notice of Motion filed on 31 July 2014. The Respondent, Shellharbour City Council, is the Applicant on the motion.The motion is opposed by the Applicant, Altz Pty Ltd. The pertinent rule is r 28.2 of the Uniform Civil Procedure Rules 2005 (UCPR). The Court is asked to answer as a separate issue, set out in 1(a)...