NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Udy v Hornsby Shire Council [2007] NSWLEC 242
APPLICANT Yelena Udy PARTIES : RESPONDENT Hornsby Shire Council
FILE NUMBER(S) : 11296 of 2006
CORAM: Jagot J
KEY ISSUES: Question of Law :- prevention notice - whether beyond power - meaning of activity - completed activity - whether actions required by notice ensured that activity would be carried on in future in an environmentally satisfactory manner - whether notice prohibited activity
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Protection of the Environment Operations Act 1997
Cantarella Bros Pty Ltd v Ryde City Council (2003) 131 LGERA 190; CASES CITED: Electricity Commission of New South Wales v Environment Protection Authority (1992) 77 LGRA 424; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
DATES OF HEARING: 27 April 2007
DATE OF JUDGMENT: 2 May 2007
APPLICANT Dr S Berveling SOLICITORS A R Walmsley & Co LEGAL REPRESENTATIVES: RESPONDENT Mr T Howard SOLICITORS Home Wilkinson Lowry
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
2 May 2007
11296 of 2006
YELENA UDY Applicant
HORNSBY SHIRE COUNCIL Respondent
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