SUTHERLAND SHIRE COUNCIL vy BLUEWATER DISTRICT SERVICES PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL SHELLER and STEIN JJA 10 November 1997 [1997] NSWCA 301 Sheller JA Summons The order of the Court will be that the claimant have leave to appeal from the order made by Sheehan J on 25 September 1997 but limited to the question whether in the circumstances of these proceedings the owner's consent, meaning thereby the Body Corporate, was required under s77 of the Act before consent could be granted. The costs of the application will be costs in the appeal.