NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Henry and Ors v Shellharbour City Council [2005] NSWLEC 365
Aaron Broad Henry, Roy Kennedy and Stephen Henry PARTIES : Shellharbour City Council
FILE NUMBER(S) : 11541 of 2005
CORAM: Cowdroy J
KEY ISSUES: Practice and Procedure :- revocation by Council of order issued under s 121B - previous undertaking not to take any action at site without Court Order - whether Council released from undertaking
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B
CASES CITED: Adam P Brown Male Fashions v Phillip Morris (1981) 148 CLR 170
DATES OF HEARING: 14/04/2005 EX TEMPORE JUDGMENT DATE : 04/14/2005
APPLICANTS A Oshlack (agent)
LEGAL REPRESENTATIVES: RESPONDENT N Williams SC SOLICITORS Blake Dawson Waldron
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Cowdroy J
14 April 2005
11541 of 2004
AARON BROAD HENRY, ROY KENNEDY and STEPHEN HENRY Applicants
SHELLHARBOUR CITY COUNCIL Respondent
JUDGMENT 1 Cowdroy J: These proceedings relate to an appeal against an order dated 10 December 2004 issued by the respondent ("the Council") pursuant to s 121B of the Environmental Planning and Assessment Act 1979 ("the s 121B order"). The order was issued to the first-named applicant, Mr Aaron Henry.
2 On 23 March 2005 these proceedings were adjourned the Council subject to an undertaking proffered to the Court. A copy of the undertaking was placed on the Court file.
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