NSW Caselaw
Reported Decision : (2001) 113 LGERA 8
Land and Environment Court of New South Wales
CITATION : Lemworth Pty Limited v Liverpool City Council [2001] NSWLEC 23 APPLICANT Lemworth Pty Limited PARTIES : RESPONDENT Liverpool City Council FILE NUMBER(S) : 10979 of 2000 CORAM: Cowdroy J KEY ISSUES: Question of Law :- existing use - whether existing use rights apply to a portion of a building or the whole of a building on land Environmental Planning and Assessment Act 1979 s 106, s107, s 109 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 42 Interpretation Act 1987 s 33 Salvation Army v Newcastle City Council (2000) 107 LGERA 40; Eaton & Sons Pty Ltd v The Council of the Shire of Warringah (1972) 129 CLR 270; CASES CITED: Scully v Leichhardt Council (1993) 85 LGERA 109 ; The Council of the City of Parramatta v Brickworks Limited (1972) 128 CLR 1; Vaughan-Taylor v David Mitchell-Melcann Pty Ltd (1991) 25 NSWLR 580 DATES OF HEARING: 16/02/01 DATE OF JUDGMENT: 03/02/2001
APPLICANT Mr S Austin QC
SOLICITORS Messrs Marsdens
LEGAL REPRESENTATIVES: RESPONDENT Mr I Hemmings (Barrister)
SOLICITORS Mark Stenberg & Associates
JUDGMENT:
IN THE LAND AND MATTER No. 10979 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 2/3/00
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