Australian International Academy of Education Inc v The Hills Shire Council

Australian International Academy of Education Inc (AIAEI) appealed against a decision by The Hills Shire Council (the Council) to refuse a development application for a proposed education facility. The appeal was heard by the Land and Environment Court of New South Wales. The applicant sought to discontinue the appeal but required leave to do so given the refusal of the development application was deemed under statute. The Council opposed the leave on the basis that it should be subject to a condition that the applicant not challenge the validity of a condition of intervening development consent. This condition was attached to an approval for a different development on the same site, which AIAEI had not appealed.
The court considered whether the leave to discontinue should be granted, and if so, whether it should be subject to the proposed condition. The applicant argued that the condition was not relevant to the current appeal and that to impose it would be an unnecessary burden. The Council contended that the condition was relevant to the site and necessary to prevent forum shopping. The court held that the proposed condition was not appropriate as it was irrelevant to the current appeal. The court emphasised that the current appeal was solely about the refusal of the development application for the education facility and not the intervening development consent. The court found that imposing such a condition would not prevent forum shopping and was therefore not necessary. The court declined to impose the proposed condition and granted leave to discontinue the appeal.

The court further ordered that the applicant pay the Council's costs of the proceedings, in line with the usual order for unsuccessful parties in interlocutory applications.