NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Liverpool City Council v Prabha Ranjee Kumaragamage [2004] NSWLEC 605 APPLICANT Liverpool City Council PARTIES : RESPONDENT Prabha Ranjee Kumaragamage FILE NUMBER(S) : 40052 of 2003 CORAM: Talbot J KEY ISSUES: Practice and Procedure :- test for application for summary dismissal. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 124, Land and Environment Court Act 1979 s16(1A), Dey v Victorian Railways Commissioners (1949) 78 CLR 62; General Steel Industries Inc v Commissioner for Railways (NSW) and Others (1964) 112 CLR 125 ; CASES CITED: Grant v Brewarrina Shire Council No.2 [2003] NSWLEC 54, unreported; Ryde City Council v Echt and Another (2000) 107 LGERA 317; Witten v Lombard Australia Limited (1968) 88 WN (Pt 1) (NSW) 405 at 412 DATES OF HEARING: 23/10/04 DATE OF JUDGMENT: 11/01/2004
APPLICANT Mr I J Hemmings (Barrister) SOLICITORS LEGAL REPRESENTATIVES: Marsdens Law Group RESPONDENT Mr D Kumaragamage (Agent)
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Talbot J
1 November 2004
40052 of 2003 Liverpool City Council v Prabha Ranjee Kumaragamage-(also known as Prabha Ranjanee Kumaragamage-Dona)
JUDGMENT 1 Talbot J: On 19 April 2004 the applicant Council's claim for declaratory relief and consequential orders was determined as follows:- The Court orders that:
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