Item LP01 Legal and Planning Committee 16/10/17

N O R T H S Y D N E Y C O U N C I L

Report to General Manager

Attachments:

1. Current Appeal Matters List - LEC

2. Current Appeal Matters List – Others

3. Local Court Matters List

SUBJECT: Current Appeals and Results – 10 October 2017

AUTHOR: Matthew Pearce, Solicitor

EXECUTIVE SUMMARY:

Attached is a list of current appeal matters as at 10 October 2017 for Council’s information.

As at 10 October 2017, Council has incurred $ 351,439.05 on legal fees for the 2017 financial

year and recovered legal costs in the amount of $ 115,510.33. The legal budget for 2017

financial year is $700,000.

RECOMMENDATION:

1. THAT the report be received.

Signed ____________________________

Report of Matthew Pearce, Solicitor

Re: Current Appeals and Results – 10 October 2017 (2)

LINK TO DELIVERY PROGRAM

The relationship with the Delivery Program is as follows:

Direction: 5. Our Civic Leadership

Outcome: 5.3 Council is ethical, open, accountable and transparent in its decision making

BACKGROUND

The Current Appeal and Results list was previously reported to the Legal and Planning

Committee meeting of 6 March 2017.

SUSTAINABILITY STATEMENT

The sustainability implications were considered and reported during the assessment of each

particular application.

DETAIL

Council is aware that the defence of appeals lodged by applicants as well as the enforcement

of compliance outcomes represents a major ongoing expense for Council. The attached list

provides a summary of each current legal proceedings (including fees incurred) as at

10 October 2017.

1

CURRENT MATTERS LIST – LAND & ENVIRONMENT COURT As at 10 October 2017

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

Land and Environment Court Challenge to Council Amalgamations (No:2) LEC 358777/16 DOA: 06/01/17 MF

Delegate Minister and NSW Department of Premier and Cabinet

Class 4 proceedings in the Land and Environment Court seeking judicial review of Revised Report by Delegate

Matthew Pearce

Letters sent to various parties seeking procedural fairness and raising apprehended bias concerning revised report by Delegate. Proceedings commenced on 28 November 2016 with return date of 3 February 2017. Respondents file a Notice of Motion seeking expedition to be heard on 13 December 2016. Expedition granted with hearing listed for 23 March 2017 and 29 March 2017 with joinder with Strathfield Council merger litigation. Matter adjourned part heard and adjourned to 26 June 2017, 24 July 2017, 8 September 2017, 3 October 2017 and now 10 November 2017.

Fee Estimate: $50,000 Fees: $5,891.39

Pending

308 Miller Street, North Sydney LEC 29236/17 DOA: 09/02/17 HDO

Arxidia Pty Limited

Class 4 Civil enforcement proceedings to cease use of an unauthorized boarding house.

Long Huynh

Council commences Class 4 Summons against the owner of the land in respect of an unauthorised boarding house. Listed for directions on 3 March 2017, 17 March 2017 and now 31 March 2017. Consent orders entered and legal costs paid. Matter closed.

Fee Estimate: $30,000 Fees: $0

Consent orders entered requiring cease of use by 1 June 2017 and payment of $ 6,000 in legal costs.

Shop 2 1-5 Albany Street, North Sydney LEC 2931/16 HDO

Miki Ding Class 4 Summons enforcing a brothel closure order.

Long Huynh

Class 4 Summons issued with mention on 3 February 2017. First Respondent (Lessee) enters into consent orders with Second Respondent (Owner) considering position. Matter stood over to 17 March 2017. Consent Orders entered with property owner and legal costs paid as instalments. Matter closed.

Fee Estimate: $35,000 Fees: $249.30

Consent Orders for use of premises with undertakings provided as to use and pay $ 7,000 in legal costs.

90 Arthur Street, North Sydney DA 276/16 LEC 40939/17 DOA: 10/02/17 HWL

Australiagen Office Portfolio Sub TC Pty Limited

Class 1 Appeal against a deemed refusal of a building sign

Kim Rothe

Class 1 Appeal commences with matter listed for mention on 8 March 2017. Listed for conciliation conference on 23 May 2017. On 15 June 2017 parties entered into a section 34 Agreement. Matter Closed.

Fee Estimate: $20,000 Fees: $602.25 Recommendation: N/A Decision: Deemed Refusal

Section 34 Agreement with Planning accepting further amendments

2

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

1 Penshurt Avenue. Kurraba Point DA 282/16 LEC 45506/17 DOA:15/02/17 In house with Council Solicitor

Sam Busbridge

Class 1 Appeal against a deemed refusal of proposed alterations resulting in a 3 level dwelling, pool, retaining wall and landscaping.

Robin Tse

Matter listed for mention on 6 March 2017. Matter listed for section 34 Agreement on 21 April 2017 before Duty Commissioner. Parties entered into Agreement. Matter closed.

Fee Estimate: $20,000 Fees: $0 Recommendation: N/A Decision: Deemed Refusal

Section 34 Agreement with Applicant accepting further amendments.

229 Miller Street, North Sydney DA 487/15/2 LEC 54042/17 DOA: 27/02/17 MF

Vantage 229 Pty Ltd

Class 1 Appeal against a deemed refusal of a modification to a consent in respect of a multi storey residential apartment.

Kim Rothe

Council served with a Class 1 Appeal. Listed for mention on 21 March 2017. Set down for hearing on 14 & 15 June 2017. On 14 June 2017 parties entered into a section 34 Agreement. Matter closed.

Fee Estimate: $20,000 Fees: $254.10 Recommendation: N/A Decision: Deemed Refusal

Section 34 Agreement with Applicant accepting further amendments.

16-18 Illiliwa Street, Cremorne DA 460/16 LEC 70971/17 DOA: 07/03/17 HDO

Connoisseur Property Holdings Pty Ltd

Class 1 Appeal against a deemed refusal of an apartment building

George Youhanna

Council served with a Class 1 Appeal. Listed for mention on 4 April 2017. Matter set down for s34 conciliation conference on 19 July 2017. Conciliation conference terminated and matter listed for mention on 9 August 2007. Listed for hearing on 5 & 6 December 2017. Applicant files motion seeking leave to rely upon amend plans and listed for 13 October 2017.

Fee Estimate: $50,000 Fees: $11,229.00 Recommendation: NA Decision: Deemed Refusal

Pending

317 Pacific Highway, North Sydney DA 387/14 LEC 77526/17 DOA: 13/03/17 In house with Council Solicitor

Modog Pty Limited

Class 1 Appeal against a deemed refusal against a strata development

David Hoy

Class 1 Appeal commenced with matter listed for mention on 11 April 2017. Matter set down for conciliation conference on 6 July 2017. Consent issued by Council. Applicant discontinues appeal. Matter closed.

Fee Estimate: $20,000 Fees: $0 Recommendation: Approval Decision: Approval

Applicant files Notice of Discontinuance

3

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

50 Ridge Street, North Sydney LEC 40389/15 DOA 05/05/15 SH

North Sydney Leagues Club Pty Limited (The Greens)

Class 4 Civil Enforcement against unauthorised use of Bowling Greens for other forms of entertainment

Long Huynh

Class 4 Summons commenced with matter listed for mention on 5 June 2015. Adjourned to 17 July 2015, 11 September 2015, 9 October 2015, 6 November 2015 and 13 November 2015. Proceedings timetabled to prepare evidence. Respondents notice of motion seeking stay dismissed with costs. Matter listed for hearing on 28, 29 and 30 September 2016 but vacated due to Class 1 Appeal. Matter now adjourned to 28 October 2016, 3 February 2017 31 March 2017, and now 16 June 2017. Matter is discontinued as a consequence of the section 56A judgment and the Respondent is to pay Council’s costs agreed or assessed. Matter closed.

Fee Estimate: $110,000 Fee: $523.60

Matter discontinued with an order to pay Council’s costs. Costs paid in the amount of $75,000

50 Ridge Street, North Sydney DA 78/16 LEC 170886/16 DOA 03/06/16 SH

North Sydney Leagues Club Pty Limited (The Greens)

Section 56A appeal against judgment and conditions

Geoff Mossemenear

Council commences a s56 Appeal against the judgment of the Court and conditions imposed. Listed for mention on 3 March 2017. Listed for hearing on 31 May 2015. On 13 June 2017 judgment was handed down upholding the Council’s Appeal. Notice of Motion filed by the Greens seeking the costs order be set aside. Listed for mention on 5 July 2017 and now discontinued. Matter closed.

Fee Estimate: $30,000 Fees: $3,165.80 Recommendation: N/A Decision: Refusal

Appeal upheld with agreement to pay Council’s costs of $10,000.

225 Miller Street North Sydney LEC 301331/16 DOA 10/10/16 In house with Council Solicitor

Karimbla Properties (No.7) Pty Limited (Meriton)

Class 3 Appeal to change rating categories of land

Sharon Mills

Class 3 Appeal commenced with matter listed for mention on 8 November 2016. Pre Trial Directions hearing on 20 March 2017. Hearing on 28 March 2017 to 30 March 2017 concurrently with Class 3 Appeals by City of Sydney and BaySide Councils. Judgment handed down upholding the Applicants change to rating category and refund of monies. Mention to finalise the Orders listed for 2 August 2017 with interlocutory hearing on 19 October 2017.

Fee Estimate: $200,000 Fees: $8,536.00 Recommendation: N/A Decision: N/A

Judgment in favour of Applicant pending final orders.

80 Arthur Street North Sydney LEC 247263/17 DOA 14/08/17 In house with Council Solicitor

Karimbla Properties (No.37) Pty Limited (Meriton)

Class 3 Appeal to change rating categories of land

Sharon Mills

Class 3 Appeal commenced with matter listed for mention on 12 September 2017. Listed for conciliation conference on 9 November 2017.

Fee Estimate: $150,000 Fees: $880 Recommendation: N/A Decision: N/A

Pending

4

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

2 Wilson Street, Cammeray DA 184/16 LEC 73566/17 DOA 09/03/17 SH

Davis Class 1 Appeal against a NSIPP refusal of a dwelling house

Robyn Pearson

Class 1 Appeal commenced with matter listed for mention on 30 March 2017. Listed for hearing on 21 July 2017 and 24 July 2017. The Court reserves judgment but Applicant files motion to reopen the matter. Listed for 18 August 2017 to argue application of Roads Act. Appeal upheld. Matter closed.

Fee Estimate: $50,000 Fees: $43,654.74 Recommendation: Refusal Decision: N/A

Appeal upheld Applicant to pay S97B costs of $1,000.

1 The Boulevarde, Cammeray DA 339/16 LEC 75201/17 DOA 10/03/17 HWL

Modog Pty Limited

Class 1 Appeal against the deemed refusal of a residential flat building

George Youhanna

Council served with a Class 1 Appeal with matter listed for mention on 7 April 2017. Listed for s34 conciliation conference on 13 July 2017. Conciliation terminated. Hearing on 29 and 30 August 2017. Court reserves judgment. Judgment handed down requiring Applicant to amend the proposal with appeal upheld. Matter closed.

Fee Estimate: $65,000 Fees: $56,011.71 Recommendation: N/A Decision: N/A

Appeal upheld with order to amend proposal to reduce height and pay S97B costs.

450 Miller Street Cammeray LEC 41101/14 DOA 24/12/14 SH

Harris Farms Markets Pty Limited

Class 4 Summons seeking orders to restrain amalgamation of tenancies at Cammeray Square

Long Huynh

Class 4 Summons commenced with matter listed for mention on 6 February 2015. Proceeding further adjourned to 29 May 2015, 9 June 2015, 17 July 2015, 18 September 2015, 20 October 2015, 16 October 2015, 5 November 2015 and 4 December 2015. Proceedings timetabled to prepare evidence. Listed for further mention on 1 April 2016. Listed for hearing on 14 June 2016 and now adjourned to 29 July 2016 to allow consideration of amended plans. Adjourned to 19 August 2016 to allow for mediation. Mediation failed and matter is further listed for mention on 14 October 2016 and 27 November 2016. Hearing on 6 & 7 March 2017. Judgment reserved. On 9 June 2017 the Court upheld Council's Summons costs to be paid by the respondent parties. Matter closed.

Fee Estimate: $70,000 Fees: $4,189.28

Judgment in favour of Council with costs ordered.

89 Collin Street, Cammeray DA 311/16 LEC 75184/17 DOA 10/03/17 MF

Modog Pty Limited

Class 1 Appeal against the deemed refusal of a dwelling house

George Youhanna

Council served with a Class 1 Appeal with matter listed for mention on 31 March 2017. Matter listed for hearing on 29 June 2017 and 4 July 2017. Parties entered into section 34 Agreement. Matter closed.

Fee Estimate: $28,000 Fees: $14,630.00 Recommendation: N/A Decision: N/A

Section 34 Agreement with Applicant amending plans.

5

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

65 Shellcove Road, Kurraba Point DA 175/16 LEC 97603/17 DOA 31/03/17 HDO

Yang & Hu Class 1 Appeal against a refusal of a dwelling house

Robin Tse

Council served with a Class 1 Appeal with matter listed for mention on 26 April 2016. Conciliation conference on 17 July 2017. Section 34 Agreement entered. Matter closed.

Fee Estimate: $20,000 Fees: $3,112.40 Recommendation: Refusal Decision: Refusal

Section 34 Agreement with Applicant amending plans. Payment of s97B costs of $2,000.00.

275 Alfred Street, North Sydney DA 40/17 LEC 108602/17 DOA 13/04/17 HWL

Legge Class 1 Appeal against a deemed refusal for signage.

David Hoy

Council served with a Class 1 Appeal with matter listed for mention on 11 May 2017. Adjourned to 26 May 2016 for directions. Hearing has been vacated by motion. Matter relisted before the Registrar on 22 September 2017 and now 28 February 2018.

Fee Estimate: $30,000 Fees: $27,815.76 Recommendation: N/A Decision: N/A

Pending

275 Alfred Street, North Sydney DA 163/16/3 LEC 258638/17 DOA 25/08/17 HWL

Legge (No 2) Class 1 Appeal against a deemed refusal to modify signage.

David Hoy

Council served with a Class 1 Appeal with matter listed for mention on 22 September 2017. Listed for a s34 conciliation conference on 21 February 2018.

Fee Estimate: $47,000 Fees: $11,603.86 Recommendation: N/A Decision: N/A

Pending

2/17 Hayes Street, Neutral Bay DA N/A LEC 134519/17 DOA 04/05/17 H&W

Johnson and Taylor

Class 1 Appeal against a s121B Order requiring the removal of an air conditioning unit affixed to the roof of a contributory item in a conservation zone

Long Huynh

Council served with Class 1 Appeal with matter listed for mention on 1 June 2017. Matter listed for conciliation on 30 August 2017. Parties agree to enter into a s34 Agreement. Matter closed.

Fee Estimate: $3,300 Fees: $3,300.00 Recommendation: N/A Decision: N/A

Section 34 Agreement to relocate air conditioning unit.

24 Cranbrook Avenue, Cremorne DA 75/17 LEC 142730/17 DOA 17/05/17 MDK

Modog Pty Limited

Class 1 Appeal against a refusal of an 11 storey residential apartment building.

Luke Donovan

Council served with Class 1 Appeal with matter listed for mention on 9 June 2017. Matter listed for conciliation conference on 27 September 2017. Conciliation conference vacated by way of Motion. Matter relisted for mention on 4 October 2017. Listed for hearing on 28 & 29 March 2018.

Fee Estimate: $15,000 Fees: $11,400.95 Recommendation: Refusal Decision: Refusal

Pending

6

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

24 Cranbrook Avenue, Cremorne IHO 1/17 LEC 187231/17 DOA 22/06/17 MDK

Alexandra Kelly

Class 1 Appeal against an Interim Heritage Order

Ben Boyd and Luke Donovan

Council served with a Class 1 Appeal with matter listed for mention on 20 July 2017, but now listed for hearing on 27 September 2017 by way of Motion. Consent orders to vary the Interim Heritage Order.

Fee Estimate: $85,000 Fees: $80,145.83 Recommendation: N/A Decision: N/A

Appeal upheld but IHO varied as to term of expiry.

6 Thrupp Street, Neutral Bay DA 50/17 LEC 150988/17 DOA 24/05/17 H & W

Modog Pty Limited

Class 1 Appeal against a deemed refusal of the demolition and construction of a three storey residential apartment.

Luke Donovan

Council served with a Class 1 Appeal with the matter listed for mention on 20 June 2017. Council files a Motion on question of law. Conciliation conference listed for 13 October 2017. Motion dismissed – question of fact to be determined at conference. Council ordered to pay Applicants cost of Motion.

Fee Estimate: $20,000 Fees: $7,026.00 Recommendation: N/A Decision: N/A

Pending

75-77 Shellcove Road, Neutral Bay DA 33/16 LEC 169815/17 DOA 13/06/17 MDK

Inspire Operations Pty Limited

Class 1 Appeal against a refusal of an afterschool and vacation care centre.

Luke Donovan Council served with a Class 1 Appeal with matter listed for mention on 5 July 2017. Listed for conciliation conference on 17 October 2017.

Fee Estimate: $18,000 Fees: $8,180.70 Recommendation: Refusal Decision: Refusal

Pending

14,16,16A & 16B Thrupp Street, Neutral Bay. DA 177/17 LEC 262685/17 DOA 29/08/17 HWL

RebelMH Neutral Bay Pty Limited

Class 1 Appeal against a deemed refusal of a residential flat building.

Luke Donovan Council served with a Class 1 Appeal with matter listed for mention on 26 September 2017 Listed for conciliation conference on 2 February 2017.

Fee Estimate: $40,000 Fees: $1,972.30 Recommendation: N/A Decision: N/A

Pending

133 Carabella Avenue, Kirribilli LEC 196077/2017 DOA 04/07/17 In house with Council Solicitor

Roberts Class 1 Appeal against an Order ceasing use of property.

Corey Myers Council served with a Class 1 appeal with matter listed for mention on 28 July 2017. Listed for a conciliation conference on 28 November 2017.

Fee Estimate: $ 10,000 Fees: $0 Recommendation: N/A Decision: N/A

Pending

7

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

3 Baden Road, Kurraba Point DA 131/17 LEC 195867/2017 DOA 05/07/17 In house with Council Solicitor

Wavish Class 1 Appeal against a deemed refusal of a new lightweight carport

Luke Donovan Council served with a Class 1 Appeal with matter listed for mention on 21 July 2017. Listed for hearing on 23 and 24 November 2017

Fee Estimate: $ 10,000 Fees: $0 Recommendation: Refusal Decision: Refusal

Pending

7 King Street, Waverton DA 67/17 LEC 206667/2017 DOA 07/07/17 In house with Council Solicitor

Mullaly

Class 1 Appeal against a refusal of alterations and additions to a residential house.

David Hoy Council served with a Class 1 Appeal with matter listed for mention on 28 July 2017. Listed for hearing on 14 & 15 November 2017.

Fee Estimate: $ 35,000 Fees: $0 Recommendation: Refusal Decision: Refusal

Pending

7-13 Parraween Street, Cremorne LEC 236519/2017 DOA 03/08/17 H&W

Cook Class 1 Appeal against a Fire Order

Peter Williams Council served with a Class 1 Appeal with matter listed for mention on 31 August 2017. Listed for conciliation conference on 11 December 2017.

Fee Estimate: $20,000 Fees: $0 Recommendation: Refusal Decision: Refusal

Pending

35 Myrtle Street, North Sydney DA 61/17 LEC 250690/2017 DOA 21/08/17 In house with Council Solicitor

Modog Pty Limited

Class 1 Appeal against a deemed refusal of an adaptive reuse of an existing building.

George Youhanna

Council served with a Class 1 Appeal with matter listed for mention on 14 September 2017. Listed for S34 conciliation conference on 19 February 2018.

Fee Estimate: $10,000 Fees: $0 Recommendation: N/A Decision: N/A

Pending

8 Wonga Road, Cremorne DA 252/09/8 LEC 288351/17 DOA 22/09/17 MF

Tisch

Class 1 Appeal against a deemed refusal to modify consent to a residential building.

Kim Rothe Council served with a Class 1 Appeal with matter listed for mention on 17 October 2017.

Fee Estimate: TBA Fees: $0 Recommendation: N/A Decision: N/A

Pending

8

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

317 Pacific Highway, Cremorne DA 421/16/2 LEC 292653/17 DOA 27/09/17 HDO

Modog

Class 1 Appeal against a refusal to modify consent for the proposed relocation of banners to the side of the building,

Aloma Moriarty Council served with a Class 1 Appeal with matter listed for mention on 26 October 2017.

Fee Estimate: TBA Fees: $0 Recommendation: N/A Decision: Rejected by DRP

Pending

37-39 Murdoch Street, Cremorne DA 221/16 LEC 294857/17 DOA 29/09/17 SH

Active Kids Pre School Centre of Excellence Pty Ltd t/as Active Kids Group

Class 1 Appeal against the refusal of alterations and additions to an existing dwelling, and the increase in capacity of a child care centre.

Kim Rothe Council served with a Class 1 Appeal with matter listed for mention on 31 October 2017.

Fee Estimate: TBA Fees: $0 Recommendation: N/A Decision: Delegated Refused

Pending

9

CURRENT MATTERS LIST – OTHER (SUPREME COURT/DISTRICT COURT)

As at 10 October 2017

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

53 Brightmore Street, Cremorne Supreme Court SC 371758/16 DOA: 12/12/16 SH

Caroline Spring

Supreme Court seeking orders for easement on Council Community Land

Matthew Pearce

Summons served on Council seeking s88K easement on community land. Matter listed for mention on 10 February 2017, 3 March 2017, 2 June 2017, 21 July 2017, 8 September 2017 and now adjourned to 3 November 2017.Parties have filed and served evidence. Matter to be set down for hearing at next mention.

Fee Estimate: $130,000 Fees: $17,695.79

Pending

Supreme Court of NSW Court of Appeal Challenge to Council Amalgamations SC 305665/16 DOA: 19/10/16 MF

Delegate Minister and NSW Department of Premier and Cabinet

Appeal against part of decision of Land and Environment Court judgment pursuant to s58 of Land and Environment Court Act 1979

Matthew Pearce

Council files a Notice of Intention to Appeal on 19 October 2016 to reserve the right to formally Appeal to 19 December 2016. Council files Notice of Appeal and matter to be concurrently heard with Mosman Council’s appeal. Notice of Motion seeking joinder of Strathfield and Hunters Hill merger litigation listed for 13 February 2017. Strathfield and Hunters Hill joined with appeals listed for 3,4,5 and 6 April 2017. Judgment handed down on 31 July 2017. However, motion filed to seek review of Court orders. Listed for mention on 21 August 2017. Timetable set down for written submissions with matter listed for further mention on 25 September 2017. Judgment listed for 12 October 2017.

Fee Estimate: $400,000 Fees: $22,960.95

Appeal dismissed with costs but motion to amend orders. Pending

Supreme Court of NSW Costs Assessment of Land and Environment Court Challenge DOA: 01/03/17 MF

Delegate Minister and NSW Department of Premier and Cabinet

Supreme Court Costs Assessment Application

Matthew Pearce

Supreme Court Costs Assessment Application served on Costs Respondents on 1 March 2017. Costs Respondents fails to respond to the Application. Application filed in Court seeking costs of $500,000. The Court has now appointed a Costs Assessor to determine the Application. Costs Assessment currently being undertaken by Assessor.

Fee Estimate: $ 60,000 Fees: $9,019.45

Pending

10

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

District Court of NSW Appeal against severity of Fine. In house with Council Solicitor

Tang

District Court Appeal against severity of a penalty

Matthew Pearce

Council served with Appeal against Local Court sentencing concerning severity of fine. Listed for hearing on 12 July 2017. Hearing with appeal dismissed, Matter closed.

Fee Estimate: $ 7,000 Fees: $0

Fine of $300 reduced to $ 150.

225 Miller Street North Sydney Appeal LEC 301331/16 DOA 26/07/17 In house with Council Solicitor

Karimbla Properties (No.7) Pty Limited (Meriton)

Notice of Appeal against Land & Environment judgment

Matthew Pearce

Notice of Intention to Appeal filed and served on 26 July 2017.

Fee Estimate: $10,000 Fees: $10,617.00 Recommendation: N/A Decision: N/A

Pending

11

LOCAL COURT MATTERS LIST As at 10 October 2017

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

Local Court Matter 19 Chuter Street, McMahons Point (No. 2) DOA: 13/02/17 In house with Council Solicitor

Aspire Strength and Conditioning Pty Limited

Local Court prosecution in respect of breach of condition. (operating hours)

Corey Myers

Court Attendance issued. Matter listed for mention on 8 March 2017. Plea of guilty, convicted and fined $7,000 and ordered to pay costs of $500. Matter closed.

Fee Estimate: $10,000 Fees: $0

Convicted and fined $7,000 and ordered to pay costs of $500.

Local Court Matter Shop 3, 307 Military Road, Neutral Bay S & G

Brendan Dia (Dia’s Golden Crown Restaurant)

Local Court prosecution in respect of various breaches of the Food Standards.

Gareth Munro

Various Court Attendance Notices issued. Listed for mention on 26 June 2017.Guilty plea entered and fined $ 40,000 and ordered to pay costs of $ 2,835.00. Matter closed.

Fee Estimate: $5,000 Fees: $5,301.05

Convicted and fined $ 40,000 and ordered to pay costs of $ 2,835.00

Local Court Matter Shop 1 Ground Floor 2 Eden Street, North Sydney S & G

Choi trading as “North Sydney Massage”

Local Court prosecution in respect of an unauthorised brothel

Brett Mania

Court Attendance Notice issued. Listed for mention on 10 July 2017 and now on 24 July 2017. Matter listed for a defendant hearing on 28 August 2017, but adjourned with defendant ordered to pay costs of $2,500. Matter now listed for hearing on 23 November 2017.

Fee Estimate: $30,000 Fees: $19,455.31

Pending.

Local Court Matter 319-321 Pacific Highway, North Sydney DA 156/15 DOA: 31/05/17 In house with Council Solicitor

Pindan Capital Eden Lane North Sydney Pty Limited

Local Court prosecution in respect breaches of consent

Corey Myers

Court Attendance Notices issued. Listed for mention on 28 August 2017. Defendant enters “not guilty” plea with matter listed for further mention on 16 October 2017. Brief Served.

Fee Estimate: $10,000 Fees: $186

Pending.

Local Court Matter 255-265 Miller Street, North Sydney DA 431/16 SSD: 6952 In house with Council Solicitor

Kane Constructions Pty Limited

Local Court prosecution in respect breaches of condition

Shane Thomas

Court election PIN. Listed for mention on 4 September 2017. Defendant requests particulars of the offence with matter listed for further mention on 16 October 2017.

Fee Estimate: $10,000 Fees: $0

Pending.

12

Property DA No. Appeal No. Date of Appeal (DOA)

Applicant/ Other party

Nature of Appeal Council Officer responsible

Status

Fees Estimate ($) Fees Billed ($) Disb. ($) Officer Recommendation Council decision

Result

Local Court Matter 255-265 Miller Street, North Sydney DA 431/16 SSD: 6952 In house with Council Solicitor

Kane Constructions Pty Limited

Local Court prosecution in respect breaches of condition

Shane Thomas Court election PIN. Listed for mention on 16 October 2017. Defendant requests particulars of the offence.

Fee Estimate: $10,000 Fees: $0

Pending.

Local Court Matter 17 Grosvenor Street, Neutral Bay DOA: 19/09/17 In house with Council Solicitor

Wild Basket Neutral Bay Pty Limited.

Local Court prosecution in respect of a breach of conditions of consent

Brett Maina Court election PIN. Listed for mention on 19 September 2017. Adjourned to 23 October 2017 for plea/mention.

Fee Estimate: $10,000 Fees: $0

Pending.

Local Court Matter 16 Wilson Street, Cammeray DOA: 31/10/17 In house with Council Solicitor

Murad

Local Court prosecution in respect of noncompliance with consent.

Robinson Toro Court election PIN. Listed for mention on 31 October 2017.

Fee Estimate: $10,000 Fees: $0

Pending.