Edward Listin Properties Pty Ltd v North Sydney Council (No 2)

The respondents, Edward Listin Properties Pty Ltd, sought to appeal against the refusal of a development application in respect of land located at 303 Miller Street, North Sydney. The refusal was issued by the first respondent, North Sydney Council, pursuant to the Local Government Act 1993 (NSW). The respondents alleged the decision was unreasonable and should be quashed. The primary judge dismissed the appeal and upheld the decision of the council. The respondents appealed to the Supreme Court. The Court was required to determine whether the primary judge was correct in dismissing the appeal and whether the refusal of the development application was unreasonable. The Court held that the primary judge was correct in his decision to dismiss the appeal and that the refusal of the development application was not unreasonable. The Court found that the proposal for the development was not compatible with the surrounding area and that the council had properly exercised its discretion in refusing the development application. The appeal was dismissed, the development application was determined by refusal of consent, and the exhibits were ordered to be returned.