NSW Caselaw
Reported Decision : 103 LGERA 285
Land and Environment Court of New South Wales CITATION: Ireland v. Cessnock City Council [1999] NSWLEC 153
PARTIES APPLICANTS: Ireland
RESPONDENT: Cessnock City Council
NUMBER: 10170 of 1999
CORAM: Bignold J
KEY ISSUES: Practice & Procedure; Question of Law :- In earlier proceedings, Court granted mandatory injunction - effect on present proceedings? No Res Judicata. Can a building certificate be issued where there is an existing demolition order in force?
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 149D, s 149E, s 149F
DATES OF HEARING: 06/17/1999
DATE OF JUDGMENT DELIVERY: 06/30/1999
APPLICANTS: Mr G. Newport, Barrister SOLICITORS: Lorton Duke LEGAL REPRESENTATIVES: RESPONDENT: Mr J.B. Blackman, Barrister SOLICITORS: Cleaves Mallik & Gibbs
JUDGMENT: TABLE OF CONTENTS
A. INTRODUCTION 1-3 B. THE RELEVANT FACTS 4-6 C. THE QUESTIONS OF LAW RAISED IN RESPECT OF THE BUILDING CERTIFICATE APPEAL 7. D. THE STATUTORY PROVISIONS RELATING TO BUILDING CERTIFICATES 8-13 E. THE COMPETING ARGUMENTS ON THE BUILDING CERTIFICATE APPEAL 14-17 F. THE PRESENT PROCEEDINGS (BEING THE BUILDING CERTIFICATE APPEAL) ARE NOT BARRED 18-38 G. THE POWER TO ISSUE A BUILDING CERTIFICATE IN RESPECT OF A BUILDING, THE SUBJECT OF A SUBSISTING DEMOLITION ORDER 39-68 H. DETERMINATION OF THE QUESTIONS OFLAW IN THE BUILDING CERTIFICATE APPEAL 69. QUESTIONS OF LAW RAISED IN THE DEVELOPMENT APPEAL 70-104 J. CONCLUSIONS 105.
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