NSW Caselaw
Land and Environment Court of New South Wales CITATION: Cessnock City Council V Ireland [1999] NSWLEC 253
PARTIES APPLICANT: Cessnock City Council
RESPONDENT: Ireland
NUMBER: 40073 of 1998
CORAM: Bignold J
KEY ISSUES: Practice & Procedure :- Practice and Procedure:- Permanent stay of mandatory injunction granted in respect of an unlawfully erected building after planning law position has been subsequently regularised.
LEGISLATION CITED:
DATES OF HEARING: 10/18/1999
DATE OF JUDGMENT DELIVERY: 11/12/1999
APPLICANT: Miss J Blackman, Barrister SOLICITORS: Lortoon Duke
LEGAL REPRESENTATIVES: RESPONDENT: Mr J Newport, Barrister SOLICITORS: Cleaves Mallik Gibbs
JUDGMENT: IN THE LAND AND Matter No . 40073 of 1998 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 12 November 1999
CESSNOCK CITY COUNCIL
Applicant
v
P. C. AND P. IRELAND
Respondents
JUDGMENT
Bignold J:
1. On 9 October 1998, Sheahan J made orders, including an order that a building (which had been declared to have been unlawfully constructed without the consent or approval of the Council) be demolished and removed from the Respondents' property.
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