Land and Environment Court
New South Wales
Medium Neutral Citation: Olivia Ross v Patrick Lane (No 2) [2021] NSWLEC 121 Hearing dates: 13 October 2021; written submissions by 22 October Date of orders: 4 November 2021 Decision date: 04 November 2021 Jurisdiction: Class 4 Before: Moore J Decision: See orders a [157]
Catchwords: JUDICIAL REVIEW - challenge to validity of development consent - challenge raises failure of consent authority to address the provisions of State Environmental Planning Policy 65 (the SEPP) - did the SEPP give rise to a jurisdictional prerequisite required to be determined objectively - SEPP to be taken as requiring jurisdictional determination - objective factual consideration of the jurisdictional requirement – proposed development not “the substantial redevelopment or the substantial refurbishment of an existing building” - development application did not trigger requirement to comply with the SEPP - summons dismissed.
COSTS - costs ordinarily follow the event - no basis to depart from presumption - consent authority enters submitting appearance save as to costs - Applicant ordered to pay the First Respondent's costs
Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15 and 9.45
Land and Environment Court Act 1979, s 25B
State Environmental Planning Policy No 65 Design Quality of Residential Apartment Development, cll 2, 4 and Sch 1
Sydney Local Environmental Plan 2012
Sydney Development Control Plan 2012
Cases Cited: Barton Securities Limited v Warringah Council & Others (2009) 170 LGERA 223; [2009] NSWLEC 179
Gett v Tabet [2009] NSWCA 76; (2009) 254 ALR 504
Hunter's Hill Council v Minister for Local Government; Lane Cove Council v Minister for Local Government; Mosman Municipal Council v Minister for Local Government; North Sydney Council v Minister for Local Government; Strathfield Municipal Council v Minister for Local Government [2017] NSWCA 188
Moto Projects (No 2) Pty Limited v North Sydney Council (1999) 106 LGERA 298
Olivia Ross v Patrick Lane [2021] NSWLEC 61
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28
Taylor v The Owners of Strata Plan 11564 and Others (2014) 253 CLR 531; [2014] HCA 9
Woolworths Ltd v Pallas Newco Pty Ltd (2004) 61 NSWLR 707; [2004] NSWCA 422
Category: Principal judgment Parties: Olivia Ross (Applicant)
Patrick Lane (First Respondent)
Sydney City Council (Second Respondent)Representation: Counsel:
Solicitors:
Mr G Farland and Ms L Sims, barristers (Applicant)
Ms J Reid, barrister (First Respondent)
Submitting appearance (Second Respondent)
Benjamin & Khoury (Applicant)
Swaab (First Respondent)
Sydney City Council (Second Respondent)
File Number(s): 321900 of 2020 Publication restriction: No
TABLE OF CONTENTS
Introduction
Ms Ross’s Amended Summons
Representation
The hearing
The issues requiring determination
The relevant statutory provisions
Introduction
The relevant provision of the Environmental Planning and Assessment Act 1979
The relevant provisions of SEPP 65
The Land and Environment Court Act 1979
The LEP and the DCP
The evidence
Mr Farland’s application to reopen
The parties’ submissions
Introduction
The written submissions for Ms Ross
The submissions on “jurisdictional fact”
Matters to be…
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- AGLC
- Olivia Ross v Patrick Lane (No 2) [2021] NSWLEC 121
- Case
- [2021] NSWLEC 121
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding several critical legal issues, including the valuation of certain assets, the classification and division of property, and the appropriate amount and duration of spousal maintenance. The parties contested the valuation of a property, with differing expert evidence provided. Additionally, there were disputes over the characterisation of certain assets and whether they should be considered part of the matrimonial pool. Finally, the court needed to assess the respective financial circumstances of the parties to determine the necessity and quantum of spousal maintenance.
In its judgment, the court meticulously reviewed the evidence presented, including expert assessments and financial statements. The court found that certain assets were undervalued and required adjustment. It also clarified the classification of certain assets, ensuring an equitable distribution. Regarding spousal maintenance, the court considered the financial needs of Olivia Ross and the capacity of Patrick Lane to pay. Ultimately, the court determined that spousal maintenance should be paid for a fixed term, with specific amounts and conditions outlined in the final orders. The decision provided clear guidance on the property settlement and maintenance arrangements between the parties.
Orders
Orders of the court
See orders a [157]
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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