Principal Healthcare Finance Pty Limited v Council of the City of Ryde

Land and Environment Court New South Wales Medium Neutral Citation: Principal Healthcare Finance Pty Limited v Council of the City of Ryde [2016] NSWLEC 88 Hearing dates:8 June 2016Date of orders: 08 June 2016 Decision date: 08 June 2016 Jurisdiction:Class 1Before: Pain J Decision: See [6] Catchwords: PRACTICE AND PROCEDURE – exercise of discretion to make an order for hearing of separate question of law in merit appeal Legislation Cited: Ryde Local Environmental Plan 2014, cl 4.6 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cl 26 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 Dial a Dump Industries Pty Ltd v Roads and Maritime Services [2015] NSWLEC 172 Tuscany Farm Holdings v Hawkesbury City Council [2011] NSWLEC 18 Category:Procedural and other rulingsParties: Principal Healthcare Finance Pty Ltd (Applicant) Council of the City of Ryde (Respondent) Representation: COUNSEL: A Whealy, Solicitor (Applicant) A Pearman (Respondent)   SOLICITORS: Mills Oakley (Applicant) Council of the City of Ryde (Respondent) File Number(s):16/152633EX TEMPORE Judgment I have before me an amended notice of motion dated 8 June 2016 seeking an order that a separate question be determined early in this Class 1 appeal. The parties agree that the question posed is usefully dealt with as a preliminary issue. My understanding is that the question is to be amended to state “whether cl 26 of the State Environmental Planning Policy (Housing for Seniors...