South Sydney City Council v Hexiva Pty Limited [2001] NSWLEC 172

Reported Decision : 120 LGERA 146

Land and Environment Court of New South Wales

CITATION : South Sydney City Council v Hexiva Pty Limited [2001] NSWLEC 172 APPLICANT South Sydney City Council PARTIES : RESPONDENT Hexiva Pty Limited FILE NUMBER(S) : 40047 of 2001 CORAM: Talbot J KEY ISSUES: Injunctions and Declarations :- mandatory fire safety orders. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B(1) - 6, s 124 Local Government Act 1993 s 132 ACR Trading Pty Ltd & Anor v Fat-sel Pty Ltd & Anor (1987) 11 NSWLR 67; CASES CITED: Crimmins (as executrix of estate of Crimmins dec'd) v Stevedoring Industry Finance Committee [1999] 167 ALR 1; Pyrenees Shire Council v Day & Anor (1998) 192 CLR 330; Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 DATES OF HEARING: 06/07/01, 26/07/01 DATE OF JUDGMENT: 08/02/2001

APPLICANT Mr A M Hawkes (Solicitor) SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr R Wechsler SOLICITORS N/A

JUDGMENT: IN THE LAND AND Matter No. 40047 of 2001 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 2 August 2001

South Sydney City Council Applicant v Hexiva Pty Limited Respondent

REASONS FOR JUDGMENT

1. The respondent is the owner of a five storey residential flat building containing bachelor flats over a basement carpark. The building was erected pursuant to a development consent issued in 1962.