NSW Caselaw
Reported Decision : 108 LGERA 283
Land and Environment Court of New South Wales
CITATION : Stone and Anor V North Sydney Council [2000] NSWLEC 88 APPLICANT: Stone and Anor PARTIES : RESPONDENT: North Sydney Council FILE NUMBER(S) : 11082 of 1999 CORAM: Bignold J KEY ISSUES: Question of Law :- Meaning of expression "residential flat building which lawfully existed" as at relevant date. Whether lawful "use" must also be established - onus of proof. Burden not discharged. LEGISLATION CITED: North Sydney local Environmental Plan 1989 cl 14A(4) North Sydney Local Environmental Plan 1989 cl 14A(4); North Sydney Council v Philip Perrie and Associates Pty Ltd (unreported 14 July 1995 per Talbot J); CASES CITED: Teppell Investments Pty Ltd v North Sydney Council (unreported 7 March 1996 per Pearlman CJ)); Taipan Holdings Pty Ltd v Sutherland Shire Council (1999) NSWLEC 166; North Sydney Municipal Council v Sydney Serviced Apartments Pty Ltd (1990) 71LGRA 432 at 435; South Sydney Municipal Council v James (1977) 35 LGRA 432 DATES OF HEARING: 02/05/00 DATE OF JUDGMENT: 05/03/2000
APPLICANT: Ms S Duggan, Barrister SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr D R Parry, Barrister SOLICITORS: Mallesons
JUDGMENT: IN THE LAND AND Matter No . 11082 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 3 May 2000
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate