NSW Caselaw
Land and Environment Court of New South Wales
CITATION : John Robinson and Jennifer Robinson v. Pittwater Council [1998] NSWLEC 103 APPLICANT John Robinson and Jennifer Robinson PARTIES : Timothy Moon and Partners Pty Ltd
RESPONDENT Pittwater Council FILE NUMBER(S) : 20128 of 1998 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1993 ss 108, 109, 110, 178 CASES CITED: DATES OF HEARING: 7 - 11/09/98, 16 - 25/09/98 DATE OF JUDGMENT: 10/22/1998
APPLICANT Mr P R Graham QC Abbott Tout
LEGAL REPRESENTATIVES: RESPONDENT Mr S B Austin QC (7, 8, 9 September) Dr G A Flick SC(16, 17, 24, 25 September) Ms S A Duggan (Barrister) Mallesons Stephen Jaques
JUDGMENT: The Appeal
1. On 10 July 1998 the respondent council gave notices to the applicants pursuant to s 108 of the Local Government Act 1993 (the LG Act) that an approval of 17 September 1997 for a new residence in the course of construction at 22 Sunrise Road, Palm Beach was revoked. Omitting formal parts, the notices stated:-
Notice of Revocation of Building Approval under Section 108 of the Local Government Act 1993
Notice
Pittwater Council hereby revokes its approval 0974/96 dated 17 September 1997 (the "Approval") in respect of Lot B in DP 110414, known as 22 Sunrise Road, Palm Beach pursuant to section 109(a) of the Local Government Act 1993.
Circumstances of Revocation
The Council revokes the Approval under section 109(a) of the Local Government Act 1993 because the Approval was obtained by misrepresentation. Specifically:
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