NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Owners of Strata Plan 37762 v Pham and Ors [2005] NSWLEC 663
APPLICANTS Owners of Strata Plan 37762 FIRST RESPONDENT Dinh Phuong Dung Pham SECOND RESPONDENT Kiet Luu PARTIES : THIRD RESPONDENT Liverpool City Council
RESPONDENTS: D P D Pham and Ors
FILE NUMBER(S) : 40358 of 2005
CORAM: Cowdroy J
KEY ISSUES: Practice and Procedure :- application for stay of orders requiring demolition of work performed pursuant to invalid consent - consent invalid due to lack of body corporate consent - orders originally postponed to allow opportunity for further development application to be made - order made by Consumer Tenancy and Trading Tribunal requiring body corporate to grant consent to new development application - appeal pending to Supreme Court of order made by CTTT - costs
LEGISLATION CITED: Land and Environment Court Rules Pt 1 r 8
Cretazzo v Lombardi (1975) 13 SASR 4 ; Re Elgindata Ltd (No 2) [1992] 1 WLR 1207 ; CASES CITED: Hughes v Western Australian Cricket Association (Inc) and Ors (1986) 8 ATPR 40-676; Latoudis v Casey (1990) 170 CLR 534
DATES OF HEARING: 06/12/2005 EX TEMPORE JUDGMENT DATE : 12/06/2005
APPLICANT P Tomasetti SOLICITORS Andreones Pty Ltd
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