NSW Caselaw
> Reported Decision : 126 LGERA 175
Land and Environment Court of New South Wales
CITATION : Davem Trading Pty Limited v Willoughby City Council [2003] NSWLEC 91 APPLICANT: Davem Trading Pty Limited PARTIES : RESPONDENT: Willoughby City Council FILE NUMBER(S) : 10783 of 2002 CORAM: Lloyd J Development Application :- appeal - statutory interpretation - change of use - present use prohibited KEY ISSUES: Words and Phrases: - "lawfully being used" Environmental Planning and Assessment Act 1979 s 121B Land and Environment Court Act 1979 Pt 6 r 1(1) LEGISLATION CITED: Supreme Court Rules 1970 Pt 31 r 2 State Environmental Planning Policy No. 4 - Development Without Consent cl 7 State Environmental Planning Policy No. 22 - Shops and Commercial Premises cl 3 and cl 6(1) Bass v Permanent Trustee Co Ltd (1995) 198 CLR 334; CASES CITED: Mavrik Pty Ltd v Tweed Shire Council (1997) 98 LGERA 354; The Firm (Australia) Pty Ltd v South Sydney Council [1999] NSWLEC 5; Woollahra Municipal Council v TAJJ Investments Pty Ltd (1982) 49 LGERA 123 DATES OF HEARING: 07/04/2003 DATE OF JUDGMENT: 05/05/2003
APPLICANT: Mr J R McKenzie (barrister) SOLICITORS: Rodd Peters Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Mr P R Clay (barrister) SOLICITORS: Mallesons Stephen Jaques
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