NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Miller v Sutherland Shire Council [2007] NSWLEC 700
APPLICANT: John Miller
FIRST RESPONDENT: Sutherland Shire Council
PARTIES : SECOND RESPONDENT: Anthony Kenneth Fairclough
THIRD RESPONDENT: Martina Fairclough
FOURTH RESPONDENT: Catherine Smythe trading as Brook & Byrne Waterfront Constructions
FILE NUMBER(S) : 40525 of 2007
CORAM: Biscoe J
KEY ISSUES: Judicial Review :- validity of development consent - failure to notify development application in accordance with provision of a development control plan as required by s 79A(2) of the Environmental Planning and Assessment Act 1979
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 ss 79A(2), 101 Land and Environment Court Act 1979 s 25B
CASES CITED: Doueihi v Canterbury City Council (2003) 133 LGERA 138; Lesnewski v Mosman Municipal Council (2005) 138 LGERA 207
DATES OF HEARING: 11 and 12 October 2007
EX TEMPORE JUDGMENT DATE : 12 October 2007
APPLICANT: Mr P R Clay and Mr R O'Gorman-Hughes, barristers SOLICITORS: Haydon Fowler Corbett Jessop LEGAL REPRESENTATIVES: SECOND,THIRD AND FOURTH RESPONDENTS: Mr T Rickard, barrister SOLICITORS: Simmons & McCartney
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