NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : PAG Services Pty Ltd v Byron Shire Council [2003] NSWLEC 100 APPLICANT PAG Services Pty Ltd PARTIES : RESPONDENT Byron Shire Council FILE NUMBER(S) : 10744 of 2002 CORAM: Pain J KEY ISSUES: Question of Law :- whether the Court could be satisfied that prior adequate arrangements had been made for the provision of sewerage services to the land - whether there was an agreement between the parties for the supply of sewerage services - Applicant asked Court to determine question by not dealing with issue of "adequacy" - Court declined to answer question of law - mixed question of fact and law that could not be determined in absence of evidence of "adequacy" namely capacity LEGISLATION CITED: Byron Local Environmental Plan 1988 cl 45 CASES CITED: Codlea Pty Ltd v Byron Shire Council (1999) 105 LGERA 370 DATES OF HEARING: 20/03/2003 DATE OF JUDGMENT: 03/24/2003
APPLICANT Mr JJ Webster SC SOLICITORS Stacks the Law Firm with Halliday & Stainlay LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan (barrister) SOLICITORS Abbott Tout
JUDGMENT:
IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10744 of 2002
Pain J
24 March 2003 PAG SERVICES PTY LTD Applicant v BYRON SHIRE COUNCIL Respondent Judgment
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