Drury v Paleologos [2000] NSWLEC 3

Land and Environment Court of New South Wales

CITATION : Drury v Paleologos [2000] NSWLEC 3 APPLICANT: Peter Ross Drury PARTIES : RESPONDENTS: Theo and Coralie Anne Paleologos FILE NUMBER(S) : 40151 of 1999 CORAM: Talbot J Costs - Orders :- KEY ISSUES: Orders:- no utility Costs:- no order as to costs LEGISLATION CITED: CASES CITED: DATES OF HEARING: 10/12/99, 13/12/99, 14/12/99, 17/01/00 DATE OF JUDGMENT: 01/21/2000

APPLICANT: Mr J E Robson (Barrister) SOLICITORS: Jones Staff & Co

LEGAL REPRESENTATIVES: RESPONDENTS: Mr P J McEwen SC With Mr S Burchett (Barrister) SOLICITORS: J Kartsounis & Co

JUDGMENT:

IN THE LAND AND Matter No. 40151 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 21 January 2000

Peter Ross Drury Applicant v Theo and Coralie Anne Paleologos Respondents

REASONS FOR JUDGMENT

1. In these class 4 proceedings the applicant seeks various declarations that the respondents are in breach of conditions of both a development consent and building approval granted by Woollahra Municipal Council and orders seeking compliance. During the hearing it was agreed that Condition 56 could not be complied with and in any event it must be accepted that the question of breach had not yet arisen. Further, it was agreed that all other conditions referred to in the class 4 application had been satisfied.