Randwick City Council v Athens & Anor [2001] NSWLEC 110

NSW Caselaw

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Land and Environment Court of New South Wales

CITATION : Randwick City Council v Athens & Anor [2001] NSWLEC 110 APPLICANT Randwick City Council PARTIES : FIRST RESPONDENT Peta Athens SECOND RESPONDENT Athens Holdings Pty Ltd FILE NUMBER(S) : 40097 of 2000 CORAM: Sheahan J KEY ISSUES: Injunctions and Declarations :- prohibited use - backpacker accommodation -discretion - stay of orders - costs Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Randwick LEP 71 Randwick LEP 1998 Randwick PSO 1978 CASES CITED: ACR Trading Pty Ltd & Anor v Fat-Sel Pty Ltd & Anor (1987) 11 NSWLR 67; Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 DATES OF HEARING: 8/12/2000, 29/5/2001-30/5/2001 DATE OF JUDGMENT: 06/01/2001

APPLICANT Barrister Mr A J J Thompson Solicitors Bowen & Gerathy LEGAL REPRESENTATIVES: FIRST AND SECOND RESPONDENTS Barristers Mr W R Davison SC with Mr McDowell Solicitors Herder & Associates

JUDGMENT:

IN THE LAND AND Matter No: 40097 of 2000 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 1 June 2001

RANDWICK CITY COUNCIL Applicant v PETA ATHENS First Respondent ATHENS HOLDINGS PTY LTD Second Respondent

JUDGMENT

Introduction

1. These are Class 4 proceedings brought by the Council in respect of the use of premises at 40 Coogee Bay Road, Coogee or Randwick, for the purpose of backpackers accommodation.

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Document text

Land and Environment Court of New South Wales

APPLICANT Barrister Mr A J J Thompson Solicitors Bowen & Gerathy LEGAL REPRESENTATIVES: FIRST AND SECOND RESPONDENTS Barristers Mr W R Davison SC with Mr McDowell Solicitors Herder & Associates

JUDGMENT:

IN THE LAND AND Matter No: 40097 of 2000 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 1 June 2001

RANDWICK CITY COUNCIL Applicant v PETA ATHENS First Respondent ATHENS HOLDINGS PTY LTD Second Respondent

JUDGMENT

Introduction

1. These are Class 4 proceedings brought by the Council in respect of the use of premises at 40 Coogee Bay Road, Coogee or Randwick, for the purpose of backpackers accommodation.

Read full text →