Strathfield Municipal Council v Malass [2021] NSWLEC 112

Land and Environment Court New South Wales

Medium Neutral Citation: Strathfield Municipal Council v Malass [2021] NSWLEC 112 Hearing dates: 18 October 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Class 4 Before: Pain J Decision: The Court orders: (1) Pursuant to r 23.8(1) of the Uniform Civil Procedure Rules 2005 Mr Bradley Pope and Mr Brett Daintry from Strathfield Municipal Council are granted access to 27 Boden Avenue Strathfield from 10am on Friday 22 October 2021 for the purposes of an inspection to all areas of the property. (2) The persons granted access in accordance with Order 1 have permission to take videos and photographs during the inspection. (3) The Respondent must pay the Applicant's costs of the notice of motion dated 22 September 2021. (4) Liberty is granted to the parties to apply for an urgent mention on two days' notice. Catchwords: CIVIL ENFORCEMENT – notice of motion for order for access to property granted Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) ss 9.16, 9.34, 9.37, 9.45, Sch 5 Uniform Civil Procedure Rules 2005 r 23.8 Category: Procedural rulings Parties: Strathfield Municipal Council (Applicant) Sarah Malass (Respondent) Representation: Counsel: J Ayas (Applicant) R White (Respondent) Solicitors: Bartier Perry Pty Limited (Applicant) Project Lawyers (Respondent) File Number(s): 2021/220120