Waverley Council v Refkin Pty Ltd [2000] NSWLEC 124

Land and Environment Court of New South Wales

CITATION : Waverley Council v Refkin Pty Ltd [2000] NSWLEC 124 APPLICANT: Waverley Council PARTIES : RESPONDENT: Refkin Pty Ltd FILE NUMBER(S) : 40042A of 2000 CORAM: Talbot J KEY ISSUES: Costs :- Notice of Discontinuance filed - indemnity basis Environmental Planning and Assessment Act 1979 s 104A LEGISLATION CITED: Land and Environment Court Act 1979 s 71 Land and Environment Court Rules 1996 Pt 16 Supreme Court Rules 1970 Pt 52A r 37 Degmam Pty Ltd (In Liq) v Wright (No 2) [1983] 2 NSWLR 354; CASES CITED: Fountain Selected Meat (Sales) Pty Ltd v International Produce Merchants Pty Ltd and Ors (1988) 81 ALR 397; Meriton Apartments Pty Ltd v Minister for Urban Affairs and Planning and Anor [2000] NSWLEC 20 DATES OF HEARING: 16/06/2000 DATE OF JUDGMENT: 06/19/2000

APPLICANT: Mr G B Newport (Barrister) SOLICITORS: McMahon and Associates LEGAL REPRESENTATIVES: RESPONDENT: Mr V R Gray (Barrister) SOLICITORS: Gye Associates

JUDGMENT:

IN THE LAND AND Matter No. 40042A of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 19 June, 2000

Waverley Council Applicant v Refkin Pty Ltd Respondent

REASONS FOR JUDGMENT

1. The applicant council commenced these proceedings claiming relief in the form of a declaration that a condition of development consent issued in respect of premises 120-128 Macpherson Street, Bronte is valid and an order that the respondent cause the cessation of the use and occupation of a lot in a strata plan registered in respect of those premises until the condition of consent is complied with.