NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sydney City Council v Owners of Strata Plan 15629 [2009] NSWLEC 14
APPLICANT PARTIES : Sydney City Council RESPONDENT Owners of Strata Plan 15629
FILE NUMBER(S) : 41070 of 2008
CORAM: Pain J
KEY ISSUES: CIVIL ENFORCEMENT :- enforcement of fire safety order - exercise of Court's discretion to enforce order where financial hardship - other fire safety measures in place
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 124
ACR Trading Pty Ltd v Fat-sel Pty Ltd (1987) 11 NSWLR 67 Owners of Strata Plan 15629 v Sydney City Council [2008] NSWLEC 6 CASES CITED: South Sydney City Council v Hexiva Pty Limited (2001) 120 LGERA 146 South Sydney Council v Jaksic-Berger, Ford & Lador Holdings Pty Ltd (1992) 78 LGERA 153 Sydney City Council v Currawong House Pty Ltd (1981) 43 LGRA 121 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335
DATES OF HEARING: 10 February 2009
EX TEMPORE JUDGMENT DATE : 10 February 2009
APPLICANT Ms A Pearman LEGAL REPRESENTATIVES: SOLICITORS Sydney City Council RESPONDENT Ms R Greaves (agent)
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
10 February 2009
41070 of 2008 Sydney City Council v Owners of Strata Plan 15629
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