NSW Caselaw
Reported Decision : (2000) 110 LGERA 458
Land and Environment Court of New South Wales
CITATION : Westfield Limited v Hornsby Shire Council [2000] NSWLEC 219 APPLICANT Westfield Limited PARTIES : RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 20015 of 2000 CORAM: Cowdroy J KEY ISSUES: Question of Law :- charge levied by council for construction hoardings - developer seeking to challenge quantum of charge as excessive - source of power pursuant to which charges were levied - whether charges fixed pursuant to s 611 of Local Government Act or as a condition pursuant to s 139 of the Roads Act 1993 - no appeal provided from imposition of condition under Roads Act - right of appeal if hoarding charges fixed of Local Government Act. LEGISLATION CITED: Local Government Act 1993 s 404, s 611 Roads Act 1993 s 7, s 139, s 139A, s 145 CASES CITED: Lockwood v The Commonwealth (1953-1954) 90 CLR 177 ; Ryde Municipal Council v West Ryde (Investments) Pty Limited (1978-1981) 40 LGRA 349 DATES OF HEARING: 29/9/00 DATE OF JUDGMENT: 10/23/2000
APPLICANT Mr P Tomasetti (Barrister)
SOLICITORS Mallesons Stephen Jaques
LEGAL REPRESENTATIVES: RESPONDENT Mr A Galasso (Barrister)
SOLICITORS Ian Woodward Principal Solicitor of Hornsby Shire Council
JUDGMENT:
IN THE LAND AND MATTER No. 20015 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 23/10/00
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