Liverpool City Council v Kumaragamage P.R [2004] NSWLEC 704

Land and Environment Court of New South Wales

CITATION : Liverpool City Council v Kumaragamage P.R [2004] NSWLEC 704 APPLICANT Liverpool City Council PARTIES : RESPONDENT Prabha Ranjanee Kumaragamage (also known as Prabha Ranjanee Kumaragamage-Dona)

FILE NUMBER(S) : 40052 of 2003 CORAM: Talbot J KEY ISSUES: Estoppel :- no estoppel against Council in enforcing planning law. Injunctions and Declarations - declaration of validity of Building Permit issued contrary to planning instrument. LEGISLATION CITED: Local Government Act 1919 CASES CITED: DATES OF HEARING: 19/04/04 EX TEMPORE 04/19/2004 JUDGMENT DATE :

APPLICANT Mr I J Hemmings (Barrister) SOLICITORS Marsdens Law Group LEGAL REPRESENTATIVES: RESPONDENT Mr Kumaragamage (Agent) SOLICITORS N/A

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

19 April 2004

40052 of 2003 Liverpool City Council v Prabha Ranjanee Kumaragamage -(also known as Prabha Ranjanee Kumaragamage-Dona)

JUDGMENT 1 Talbot J: There have been several days of evidence and argument following commencement of the proceedings by Liverpool City Council ("the Council") on 20 January 2003. Prabha Ranjanee Kumaragamage ("the respondent") has vigorously defended the claim by the Council that she should cease to use premises known as Lot 2 in DP 505004, 397 Hume Highway, Liverpool for the purposes of more than one dwelling.