NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ocean Sands Pty Limited v Lake Macquarie City Council [2002] NSWLEC 228 APPLICANT Ocean Sands Pty Limited PARTIES : RESPONDENT Lake Macquarie City Council FILE NUMBER(S) : 10620 of 2001 CORAM: Talbot J KEY ISSUES: Appeal :- whether failure to give real proper and genuine consideration to guiding principles of Development Control Plan - application of wrong test Environmental Planning and Assessment Act 1979 s 79C LEGISLATION CITED: Land and Environment Court Act 1979 s 56A Suitors Fund Act 1951 Development Control Plan No 29 - Development of Brothels cl 6 CASES CITED: Parramatta City Council and Another v Hale and Others (1982) 47 LGRA 319; Zhang v Canterbury City Council (2000) 115 LGERA 373 DATES OF HEARING: 4/10/2002 EX TEMPORE JUDGMENT DATE : 10/04/2002
APPLICANT Mr I J Hemmings (Barrister) SOLICITORS Bilbie Dan LEGAL REPRESENTATIVES: RESPONDENT Mr G B Newport (Barrister) SOLICITORS Peter Rees Solicitor
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10620 of 2001
Talbot J
4 October 2002 Ocean Sands Pty Limited Applicant v Lake Macquarie City Council Respondent Judgment
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