NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Quin v O'Malley t/as Yellamo Building Certifiers and Another [2005] NSWLEC 503
APPLICANT Ken Chun Ban Quin
FIRST RESPONDENT PARTIES : Michael O'Malley trading as Yellamo Building Certifiers
SECOND RESPONDENT Artec Developments Pty Ltd
FILE NUMBER(S) : 40010 of 2005
CORAM: Talbot ACJ
KEY ISSUES: :- Construction Certificate:- Jurisdictional fact is the formation of the requisite opinion of the certifier - decision to issue can be subject to judicial review.
Environmental Planning and Assessment Act 1979 s 76A(1), s s 80A(1)(f), s 81A(2), 81A(5), s 96, s 109C(1) LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 145(1)
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 ; Lesnewski v Mosman Municipal Council [2004] NSWLEC 99, unreported ; Lesnewski v Mosman Municipal Council (2005) 138 LGERA 207; CASES CITED: Moy v Warringah Council (2004) 133 LGERA 49; Warringah Council v Moy [2005] NSWLEC 416, unreported ; Williams v Blue Mountains City Council [2001] NSWLEC 73, unreported
DATES OF HEARING: 25/08/2005, 26/08/2005, 31/08/2005 (written submissions), 01/09/2005 (written submissions).
DATE OF JUDGMENT: 09/16/2005
APPLICANT Mr G B Newport (Barrister) SOLICITORS Doyles Construction Lawyers
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