High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ
GUMMOW, HAYNE, HEYDON AND KIEFEL JJ
Matter No S384/2008
R & R FAZZOLARI PTY LIMITED APPELLANT
AND
PARRAMATTA CITY COUNCIL RESPONDENT
Matter No S385/2008
MAC'S PTY LIMITED APPELLANT
AND
PARRAMATTA CITY COUNCIL & ANOR RESPONDENTS
R & R Fazzolari Pty Limited v Parramatta City Council
Mac's Pty Limited v Parramatta City Council
[2009] HCA 12
2 April 2009
S384/2008 & S385/2008
ORDER
Matter No S384/2008
1. Appeal allowed with costs.
2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 11 June 2008 and in their place order that:
(a) paragraph 2 of the orders of the Land and Environment Court of New South Wales made on 28 September 2007 be set aside; and
(b) the appeal to the Court of Appeal be otherwise dismissed with costs.
Matter No S385/2008
1. Appeal allowed with costs.
2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 11 June 2008 and in their place order that:
(a) paragraph 2 of the orders of the Land and Environment Court of New South Wales made on 28 September 2007 be set aside; and
(b) the appeal to the Court of Appeal be otherwise dismissed with costs.
On appeal from the Supreme Court of New South Wales
Representation
B W Walker SC with I J Hemmings for the appellants (instructed by Hunt & Hunt Lawyers)
A Robertson SC with R J Carruthers and C R Ireland for the respondent in Matter No S384/2008 and the first respondent in Matter No S385/2008 (instructed by Blake Dawson Lawyers)
Submitting appearance for the second respondent in Matter No S385/2008
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
R & R Fazzolari Pty Limited v Parramatta City Council
Mac's Pty Limited v Parramatta City Council
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