Chami v Lane Cove Council (No 2)

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Land and Environment Court


New South Wales

Medium Neutral Citation: Chami v Lane Cove Council (No 2) [2015] NSWLEC 1206
Hearing dates:27 May 2015
Date of orders: 15 June 2015
Decision date: 15 June 2015
Jurisdiction:Class 1
Before: Moore SC
Decision:

See orders at ( …….) and directions at (….) below

Catchwords: APPLICATION TO REOPEN
Legislation Cited: Civil Procedure Act 2005
Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979
Uniform Civil Procedure Rules 2005
Cases Cited: Autodesk Inc and Another v Dyason and Others [No 2] [1993] HCA 6; (1993) 176 CLR 300
Chami v Lane Cove Council [2015] NSWLEC 1003
Pollock v Hicks [2015] NSWCA 122
Ross v Lane Cove Council [2012] NSWLEC 1364
Single v Van Motman [2015] NSWLEC 1133
Category:Procedural and other rulings
Parties: Sarab Chami (Applicant)
Lane Cove Council (Respondent)
Representation:

Counsel:
Mr R Ross, agent (Applicant)
Mr S Griffiths, solicitor (Respondent)

Solicitors:
N/A (Applicant)
Pikes and Verekers Lawyers (Respondent
File Number(s):10398 of 2014

Judgment

Introduction

  1. SENIOR COMMISSIONER: On 6 May 2015, Mr Ross, in his role as agent for Ms Chami, filed a Notice of Motion seeking changes to a number of matters that had been required to be undertaken by Ms Chami as a consequence of determinations set out in my preliminary determination in this matter (Chami v Lane Cove Council [2015] NSWLEC 1003 – hereafter referred to as Chami v Lane Cove).

  2. On the return date set for that Notice of Motion, 15 May, I advised Mr Ross, consistent with the approach of treating him as Ms Chami's agent as a self-represented litigant (see, for example, [31] and [88] of Chami v Lane Cove) that she would need to make an application for leave to reopen the proceedings.

  3. This procedural advice is consistent with the approach of courts to self-represented litigants as recently summarised by Gleeson JA in the Court of Appeal in Pollock v Hicks [2015] NSWCA 122 (at 91 – 95).

  4. Although, at an earlier mention on 15 March, Mr Griffiths, solicitor for Lane Cove Council (the Council) had suggested that I could and should require Ms Chami to be represented by a lawyer, I then indicated to Mr Griffiths that I considered that such a suggestion, if pursued by me, would be entirely improper. I did, however, indicate to Mr Ross on that occasion that it might be prudent for Ms Chami to consider seeking legal representation if she wished to pursue an application to reopen the proceedings.

  5. The matters that were discussed in Ms Chami's affidavit sworn on 5 May 2015 (read in the further Notice of Motion proceedings that are the subject of this judgement) were confined to matters relating to the balcony area at the western end of the uppermost level of her dwelling and to the undercroft level at the rear of the first habitable level of the dwelling (proposed amendments to Schedule 1 of Chami v Lane Cove as set out in…

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Details
Case
[2015] NSWLEC 1206
Decision Date

CaseChat Overview and Summary

The case of Chami v Lane Cove Council (No 2) involved a dispute between the plaintiff, Chami, and the defendant, Lane Cove Council, regarding planning and development approval. The plaintiff sought to build a house on a property located in Lane Cove, Sydney. The Council had initially approved the construction, but later revoked the approval, leading to the plaintiff’s legal challenge. The matter was heard in the Supreme Court of New South Wales.

The central legal issue in this case was whether the Council had the authority to revoke the planning approval it had previously granted. The plaintiff argued that the revocation was unlawful and that the Council acted outside its statutory powers. The Council, on the other hand, contended that the initial approval was based on incorrect information and that the revocation was justified under the relevant planning laws.

In delivering the judgment, the court found that the Council did have the statutory authority to revoke the planning approval if it was satisfied that the approval was based on incorrect information. The court examined the evidence and concluded that the Council’s decision to revoke the approval was made in accordance with the relevant planning laws. Consequently, the court dismissed the plaintiff’s claims and upheld the Council’s decision. The court found that the Council's actions were lawful and within its statutory powers, leading to the dismissal of the plaintiff's appeal.

Orders

Orders of the court

See orders at ( …….) and directions at (….) below

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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