NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Duarte v Ross [2022] NSWLEC 66 Hearing dates: 13 April 2022 Date of orders: 3 June 2022 Decision date: 03 June 2022 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraphs 38 to 40 Catchwords: ENVIRONMENT AND PLANNING — installation of indoor component of air conditioning unit in breach of development consent — ss 4.2 and 9.45 of Environmental Planning and Assessment Act 1979 (NSW) — operation of air conditioning unit in breach of cl 45 of the Protection of the Environment Operations (Noise Control) Regulation 2017 (NSW) — further orders sought in relation to compensation for hardship caused, cancellation of Local Court costs order and the connection of stormwater drainage line — Notices of Motion dismissed — Amended Summonses dismissed — costs Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Protection of the Environment Operations Act 1997 (NSW) Protection of the Environment Operations (Noise Control) Regulation 2017 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Rodney Duarte (Applicant) Murray Ross (Second Respondent) Jacqueline Ross (Third Respondent) Representation: Counsel: R Duarte, in person (Applicant) N Craven, solicitor (Second and Third Respondents)
Solicitors: R Duarte (in person) Cockburn and Co Lawyers (Second and Third Respondents) File Number(s): 2021/181825 and 2021/181839 Publication restriction: No
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