BGY North Ryde Pty Ltd v City of Ryde Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: BGY North Ryde Pty Ltd v City of Ryde Council [2015] NSWLEC 1558 Hearing dates:12 June 2015Date of orders: 12 June 2015 Decision date: 12 June 2015 Jurisdiction:Class 1Before: Registrar Gray Decision: Notice of motion dismissed, parties to bear own costs Catchwords: EXPEDITION – whether special factor exists – whether expedition warranted – financial loss an inherent risk of development appeals Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 2007 Cases Cited: Healthscope Limited v The Minister for Planning and Infrastructure Number 2 [2011] NSWLEC 237 Category:Consequential orders (other than Costs)Parties: BGY North Ryde Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: Ms M Carpenter (Applicant)   Solicitors: King & Wood Mallesons (Applicant) Hall & Wilcox Lawyers (Respondent) File Number(s):10298 of 2015Publication restriction:NoJudgment REGISTRAR: This matter comes before me today on a Notice of Motion filed by the applicant seeking expedition of the proceedings. The proceedings concern an appeal by the applicant following the deemed refusal of a development application by the Council. The development application itself was lodged on 6 March 2014 and was subsequently amended on 8 August 2014. The appeal commencing the proceedings was filed on 2 April 2015. The matter was before Commissioner O’Neill for a s 34 conference on 1 June 2015. Following the termination of that s 34 conference, the matter came back to the Court for further directions. Prior to the matter coming back for...