NSW Caselaw
Reported Decision : 110 LGERA 66
Land and Environment Court of New South Wales
CITATION : Fernance Family Holdings Pty Ltd v Newcastle City Council [2000] NSWLEC 190 APPLICANT: Fernance Family Holdings Pty Ltd PARTIES : RESPONDENT: Newcastle City Council FILE NUMBER(S) : 10487 of 2000 CORAM: Bignold J KEY ISSUES: Practice & Procedure - Question of Law :- Practice and Procedure - Motion for summary dismissal of class 1 proceedings. Question of law - whether modified development substantially the same development as originally approved. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 96 Australian Gas Light Co v Valuer General (1940) 40 SR (NSW) 126; Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139; Hope v Bathurst Council (1980) 144 CLR 1; CASES CITED: Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; North Sydney Council v Michael Standley and Associates Pty Ltd (1998) 97 LGERA 433; NSW Associated Blue-Metal Quarries Ltd v Federal Commissioner of Taxation (1956) 94 CLR 509; Valhalla Cinemas Pty Ltd v Leichhardt Municipal Council (1986) 60 LGRA 240 DATES OF HEARING: 29/06/00 DATE OF JUDGMENT: 08/28/2000
APPLICANT: Mr D Wilson, Barrister SOLICITORS Trisley Kilmurray O'Sullivan LEGAL REPRESENTATIVES: RESPONDENT: Mr S Brockwell, Barrister SOLICITORS Sparke Helmore
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