NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Botany Bay City Council v Big Transport Pty Limited [2005] NSWLEC 286
APPLICANT: Botany Bay City Council PARTIES : RESPONDENT: Big Transport Pty Limited
FILE NUMBER(S) : 40166 of 1997
CORAM: Pain J
Contempt :- whether failure to comply with consent orders made by the Court KEY ISSUES: Words and Phrases :- "storage" - "maintenance"
Botany Local Environmental Plan 1995 LEGISLATION CITED: Environmental Planning and Assessment Model Provisions 1980
DATES OF HEARING: 30/05/2005
DATE OF JUDGMENT: 05/31/2005
APPLICANT: Ms J Blunden (solicitor) SOLICITORS: Messrs Houston Dearn O'Connor LEGAL REPRESENTATIVES: RESPONDENT: Mr A Galasso (barrister) SOLICITORS: DC Chambers & Associates
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
31 May 2005
40166 of 1997 Botany Bay City Council v Big Transport Pty Limited
JUDGMENT 1 Her Honour: These proceedings concern a Notice of Motion dated 21 February 2005 brought by the Botany Bay City Council ("the Council") seeking orders that the Respondent be found guilty of contempt for failing to comply with an order made by the Court on 10 September 1997.
Background 2 On 16 June 1978, the Respondent sought development consent for development to be carried out at 11-15 Clevedon St, Botany ("the site"). The development application includes at cl 5 a description of the proposed development application as follows: Storage and maintenance for our three prime movers and trailers in connection with our carrying business.
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