Wallin & Anor v Lake Macquarie City Council [2000] NSWLEC 8

Land and Environment Court of New South Wales

CITATION : Wallin & Anor v Lake Macquarie City Council [2000] NSWLEC 8 APPLICANTS: G C Wallin and P J Wallin

PARTIES : RESPONDENTS: Lake Macquarie City Council R D Tiernan MJB Building Services FILE NUMBER(S) : 40300A of 1996 CORAM: Lloyd J - KEY ISSUES: Orders :- Notice of motion for stay on ground that the previous orders need to be re-visited - ground not available. LEGISLATION CITED: Bailey v Marinoff (1971) 125 CLR 529; CASES CITED: Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; Trawl Industries of Australia Pty Ltd v Effem Foods Pty Ltd (1992) 36 FCR 402 DATES OF HEARING: 20/01/00 EX TEMPORE 01/20/2000 JUDGMENT DATE :

APPLICANTS: G C Wallin (In person) P J Wallin (In person) LEGAL REPRESENTATIVES: FIRST RESPONDENT: M Green (barrister) SOLICITOR: P A Rees

JUDGMENT: IN THE LAND AND Matter No: 40300A of 1996 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 20/01/2000

G C Wallin & Anor Applicant

v

Lake Macquarie City Council & Ors Respondent

JUDGMENT

HIS HONOUR:

1. On 6 November 1997 after an eleven day hearing I delivered judgment in proceedings number 40300/96. In those proceedings the present applicants, Mr and Mrs Wallin, claimed a declaration that a building approval granted by the first respondent, Lake Macquarie City Council, to the third respondent for the erection of a dwelling house at 31 Frederick Street, Dudley is void and of no effect; together with consequential relief.