NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Payne v Mosman Municipal Council and Anor [2000] NSWLEC 25 APPLICANT Payne PARTIES : RESPONDENTS Mosman Municipal Council and Anor FILE NUMBER(S) : 40082 of 1999 CORAM: Pearlman J KEY ISSUES: Injunctions and Declarations :- breach of consent - power of the Court to make orders where breach committed - discretion Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Local Government Act 1993 Echt and Anor v Ryde City Council and Ors (Cowdroy AJ, NSWLEC, 21 August 1998, unreported); F Hannan Pty Ltd v Electricity Commission of NSW [No 3] (1985) 66 LGRA 306; CASES CITED: Morris and Anor v Redland Bricks Ltd [1970] AC 652; Roberts v Hopwood and Ors [1925] AC 578; Rowley v New South Wales Leather and Trading Co Pty Ltd and Anor (1980) 46 LGRA 250; Warringah Shire Council v Sedevcic (1987) 63 LGRA 360 DATES OF HEARING: 22/11/99 DATE OF JUDGMENT: 02/16/2000
APPLICANT Mr J J Webster (Barrister) SOLICITORS Levy Peatman
FIRST RESPONDENT Ms S A Duggan (Barrister) LEGAL REPRESENTATIVES: SOLICITORS Hill Thomson & Sullivan
SECOND RESPONDENT no appearance SOLICITORS n/a
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