NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Austcorp No 459 Pty Ltd v Baulkham Hills Shire Council [2003] NSWLEC 318 PARTIES : Austcorp No 459 Pty Ltd (Appl) Baulkham Hills Shire Council (Resp) FILE NUMBER(S) : 10351/02; 10463 of 2003 CORAM: McClellan CJ Development Consent :- Certification of development KEY ISSUES: Building certificate - construction certificate and occupation certificates Whether construction certificate may be issued after construction Not appropriate to resolve issue as separate question LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Windy Dropdown Pty Ltd v Warringah Council (2000) 111 LGERA 299 DATES OF HEARING: 13 November 2003 DATE OF JUDGMENT: 11/28/2003
M G Craig QC (Barrister - Appl) Baker & McKenzie (Solicitor - Appl)
LEGAL REPRESENTATIVES: P J McEwen SC (Barrister - Resp) Maddocks (Solicitor - Resp)
JUDGMENT: - 9 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10463/03 10351/02
McCLELLAN J
FRIDAY 28 NOVEMBER 2003 AUSTCORP No 459 PTY LTD Applicant v BAULKHAM HILLS SHIRE COUNCIL Respondent JUDGMENT
Introduction 1 HIS HONOUR: The parties have raised two questions for separate determination in these proceedings. The questions are:
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