Sader v Elgammal (No 2) [2024] NSWLEC 4

Land and Environment Court New South Wales

Medium Neutral Citation: Sader v Elgammal (No 2) [2024] NSWLEC 4 Hearing dates: 1 and 2 February 2024 Date of orders: 2 February 2024 Decision date: 02 February 2024 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [32]. Catchwords: JUDICIAL REVIEW: validity of complying development certificate in respect of works to a boatshed – boatshed on Crown land – no landowner's consent obtained prior to issue of certificate – whether declaration of invalidity should be made – absence of contradictor – utility of declaration – declaration made – certifier filed submitting appearance save as to costs – consequential procedural orders made in relation to foreshadowed costs hearing. Legislation Cited: Environmental Planning and Assessment Regulation 2000, cl 49 Environmental Planning and Assessment Act 1979, ss 4.26(2), 4.31 Georges River Local Environmental Plan 2021 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245; (2018) 365 ALR 86 Central Coast Council v 422 Pacific Highway Wyong Pty Ltd [2021] NSWLEC 64 Great Lakes Council v Lani [2007] NSWLEC 681; (2007) 158 LGERA 1 PAG Services Pty Ltd v Byron Shire Council [2023] NSWLEC 40 Save Bungendore Park Inc v Minister for Education and Early Learning [2023] NSWLEC 140 Category: Principal judgment Parties: Mark Sader (First Applicant) Sandra Sader (Second Applicant) Yasser Elgammal (First Respondent) Paul Gearin (Second Respondent) State of New South Wales (Third Respondent) Representation: Counsel: J Farrell (First and Second Applicants) J Reid (First Respondent)