Kindimindi Investments Pty. Limited v Lane Cove Council & Anor

(2007) 150 LGERA 333; [2007] NSWCA 38

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Environment Law
2. › Development consent
3. › Invalidity of development consent
4. › Orders for conditional validity
5. › Whether power to make order under s 25B limited to invalidity arising from steps preliminary to granting consent
6. › Land and Environment Court Act 1979 (NSW), ss 25A, 25B, 25E
1. Statutory Interpretation
2. › Meaning of 'extends'
3. › Whether word of expansion or limitation
4. › Context and subject matter
5. › Land and Environment Court Act 1979 (NSW), s 25A(2)
1. Practice and Procedure
2. › Costs
3. › Public interest litigation
4. › Whether public interest considerations reduce weight on appeal
5. › Whether costs should follow the event

Quick Take

Division 3 of Part 3 of the Land and Environment Court Act 1979 (ss 25A-25E) applies to all types of invalidity affecting development consents within s 25A(1), not merely invalidity arising from steps preliminary to the granting of consent. The decisions in Glowpace, Centro Properties v Warringah Council [No 2], and Woolworths v Wyong Shire Council adopting the narrower construction are disapproved. The question whether s 124 of the EPA Act provides an alternative basis for validating orders was expressly left open.