Campelltown City Council v D'Arcy [2004] NSWLEC 749

Land and Environment Court of New South Wales

CITATION : Campelltown City Council v D'Arcy [2004] NSWLEC 749 APPLICANT PARTIES : Campbelltown City Council RESPONDENTS Vy Ly D'Arcy and Talent Ly D'Arcy FILE NUMBER(S) : 40307 of 2004 CORAM: Pain J KEY ISSUES: Costs :- whether should follow the event - no disentitling conduct LEGISLATION CITED: Environmental Planning & Assessment Act 1979 Land and Environment Court Act 1979 s 69 CASES CITED: Campbelltown City Council v D'Arcy [2004] NSWLEC 439; Rockdale City Council v Findlay [2004] NSWLEC 592 DATES OF HEARING: 7/12/2004 EX TEMPORE 12/07/2004 JUDGMENT DATE :

APPLICANT Ms M Carpenter instructed by Marsdens Law Group LEGAL REPRESENTATIVES: RESPONDENTS Dr J Keogh instructed by Richard Bournes (agent)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

7 December 2004

40307 of 2004 Campbelltown City Council v D'Arcy

EX TEMPORE JUDGMENT 1 HER HONOUR: I gave judgment in this matter on 27 August 2004; Campbelltown City Council v D'Arcy [2004] NSWLEC 439. Essentially the relevant history of the matter is set out therein and I will not repeat it.

2 In that judgment at [38] I made a declaration that the Respondents, their servants and agents had done certain work in breach of the Environmental Planning & Assessment Act 1979 (the EP&A Act). That work related particularly to the erection of metal roller doors on the north-eastern and south-western junctions between the main building and weatherboard structure to the north-west of the building and, secondly, the erection of a metal roller door over the front door on the south-eastern wall of the building.