NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Newcastle City Council v Bellevale Homes Pty Ltd [2000] NSWLEC 9 APPLICANT: Newcastle City Council PARTIES : RESPONDENT: Bellevale Homes Pty Ltd FILE NUMBER(S) : 40203 of 1999 CORAM: Talbot J KEY ISSUES: Injunctions and Declarations :- discretion LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Warringah Shire Council v Jennings Group Ltd (1992) 75 LGRA 402; CASES CITED: Warringah Shire Council v Sedevcic (1987) 63 LGRA 361; Fatsel Pty Ltd and Anor v ACR Trading Pty Ltd and Anor [No 3] (1987) 64 LGRA 177 DATES OF HEARING: 24/01/2000, 25/01/2000 DATE OF JUDGMENT: 01/28/2000
APPLICANT: Mr J B Maston (Barrister) SOLICITORS: Sparke Helmore LEGAL REPRESENTATIVES: RESPONDENT: Mr P C Tomasetti (Barrister) SOLICITORS: Colin Biggers & Paisley
JUDGMENT: IN THE LAND AND Matter No. 40203 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 28 January 2000
Newcastle City Council Applicant v Bellevale Homes Pty Ltd Respondent
REASONS FOR JUDGMENT
1. The respondent is a company which is in the business of building homes. For the purpose of promoting its business, it constructs exhibition homes and invites inspection by members of the public. Two such exhibition homes are open in Maryland Drive, Maryland, west of Newcastle near Minmi.
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