Sophia McGinn v Ashfield Council

[2012] HCASL 164

SOPHIA McGINN

v

ASHFIELD COUNCIL

[2012] HCASL 164
S235/2012

1. The applicant brought proceedings in the Land and Environment Court of New South Wales seeking a declaration that a development consent granted by the respondent to the owner of a property to construct a detached dwelling at the rear of the property was invalid and of no effect.  The proceedings were dismissed.  The applicant's appeal to the Court of Appeal of the Supreme Court of New South Wales against the orders of the Land and Environment Court was dismissed by the Court of Appeal (McColl JA, Sackville AJA and Gzell J).  The applicant now seeks special leave to appeal to this Court alleging that the decision of the Court of Appeal was manifestly unreasonable, did not take account of relevant matters, took account of irrelevant matters, and was made without affording her procedural fairness.

2. We are not persuaded that any of the grounds advanced by the applicant would enjoy sufficient prospects of success to warrant a grant of special leave.

3. It is not shown to be in the interests of justice, whether generally or in this particular case, that there be a grant of special leave.

4. Pursuant to r 41.10.5 of the High Court Rules 2004 the Registrar is directed to draw up, sign and seal an order that the application for special leave is dismissed.

K.M. Hayne
5 December 2012 S.M. Crennan