NSW Caselaw
Land and Environment Court of New South Wales
CITATION : The Council of the City of Lismore v Dawnrange Pty Limited [2006] NSWLEC 831
APPLICANT The Council of the City of Lismore PARTIES : RESPONDENT Dawnrange Pty Limited
FILE NUMBER(S) : 40754 of 2006
CORAM: Jagot J
KEY ISSUES: Civil Enforcement :- fire safety order - non-compliance - enforcement of order - time for compliance
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B
DATES OF HEARING: 16/11/2006
EX TEMPORE JUDGMENT DATE : 11/16/2006
APPLICANT Mr J M Atkin SOLICITORS Walters Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr A Metcalfe SOLICITORS Somerville Laundry Lomax
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
16 November 2006
40754 of 2006
THE COUNCIL OF THE CITY OF LISMORE Applicant
DAWNRANGE PTY LIMITED Respondent
JUDGMENT Jagot J: Introduction 1 These are proceedings commenced by the Council of the City of Lismore against Dawnrange Pty Limited, the owner of premises known as the Gollan Hotel, a commercial hotel in the central business district in Lismore.
2 The Council served an order on Dawnrange on 1 April 2003 under item 6 of s 121B of the Environmental Planning and Assessment Act 1979 requiring Dawnrange to ensure or promote adequate fire safety or fire safety awareness in the above premises. The order listed a detailed series of works required to achieve adequate fire safety within those premises.
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