NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mosman Municipal Council v Gavin Barr Pty Ltd [1989] NSWLEC 205 APPLICANT Mosman Municipal Council
PARTIES : RESPONDENT Gavin Barr Pty Ltd
RESPONDENT FILE NUMBER(S) : 10543 of 1988 CORAM: Stein J KEY ISSUES: :- Land and Environment Court Act LEGISLATION CITED: Partnership Act Environmental Planning and Assessment Act North Sydney Municipal Council v. Lycenko (Court of Appeal Unreported 15 November 1988); CASES CITED: Leichhardt Municipal Council v. Mansfield ((1985) 57 LGRA 214; Canterbury Municipal Council v. Moslem Alary Society 1986-7 162 CLR 145 at 150 DATES OF HEARING: DATE OF JUDGMENT: 06/09/1989
APPLICANT Mr. McClellan, Q.C LEGAL REPRESENTATIVES: RESPONDENT Mr. Davidson
JUDGMENT:
HIS HONOUR; This is an appeal under s.56A of the Land and Environment Court Act against a decision of an Assessor granting development consent, subject to certain conditions, to the use of premises at 31 Bardwell Road, Mosman, for medical consulting rooms.
It is the submission on behalf of the appellant Council that the Assessor erred in law in misinterpreting the meaning to be ascribed to the words "practise in partnership" in the Model Provisions. In the submission of Mr. McClellan, Q.C., "partnership" means partnership in law, i.e., one under the Partnership Act where persons carry on a business in common with a view to profit.
The definition in the Model Provisions is as follows:-
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