Rizzuti v Rockdale City Council [1999] NSWLEC 168

Land and Environment Court of New South Wales CITATION: Rizzuti v Rockdale City Council [1999] NSWLEC 168

PARTIES APPLICANT Ernesto Rizzuti

RESPONDENT Rockdale City Council

NUMBER: 10716 of 1998

CORAM: Sheahan J

KEY ISSUES: Section 56A Appeal :- function of the Court - failure to take into consideration

LEGISLATION CITED: Land & Environment Court Act 1979

DATES OF HEARING: 06/25/1999

EX TEMPORE JUDGMENT DATE: 06/25/1999

APPLICANT Mr E Rizzuti in person

LEGAL REPRESENTATIVES: RESPONDENT Ms J Hewitt SOLICITORS Abbott Tout

JUDGMENT: IN THE LAND AND Matter No: 10716 of 1998 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 25 June 1999

ERNESTO RIZZUTI Applicant v

ROCKDALE CITY COUNCIL Respondent

JUDGMENT

This appeal

1. This case involves an appeal, and an associated Notice of Motion, the appeal having been brought pursuant to s 56A of the Land & Environment Court Act 1979 by the applicant Mr Rizzuti against the decision taken by Senior Commissioner Jensen on 2 February 1999 dismissing the applicant's Class 1 appeal and directing that he should remove existing metal sheeting from the side of a carport structure, at the premises known as 56 Fairview Street, Arncliffe, which has been the applicant's home since June 1971.