Malesev v Strati

Land and Environment Court New South Wales Medium Neutral Citation: Malesev v Strati [2014] NSWLEC 91 Hearing dates:26 June 2014Decision date: 26 June 2014 Jurisdiction:Class 4Before: Craig J Decision: 1. Order that the Council provide to the Applicant and to the First Respondent by 5.00pm on 17 July 2014 - (a) a copy of the decision made by it on 5 November 2013 determining development application DA 13/0416 by the grant of development consent for the erection of a new dwelling at 5 Church Street Woolooware; and(b) a statement of reasons for that decision, prepared in accordance with the provisions of r 59.9(3) of the Uniform Civil Procedure Rules.2. The Council must pay the Applicant's costs of the application for this order.3. Stand over the proceedings to Friday 18 July 2014 for directions.4. Exhibits may be returned. Catchwords: PRACTICE AND PROCEDURE - judicial review proceedings - hearing of separate question - whether Council should be directed to provide to the applicant a copy of the impugned decision in respect of the proceedings and a statement of reasons for that decision - provision of documents required by an order made by the Court - order made with consent of Council - Council in default of order - submitting appearance filed by Council - whether the provision of documents as required by the order was a "step in the proceedings" - r 6.11 of the Uniform Civil Procedure Rules 2005 (NSW) - additional power of court to make an order for the...