NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mulligan v. Drummoyne Council [1998] NSWLEC 88 APPLICANT Mulligan PARTIES : RESPONDENT Drummoyne Council FILE NUMBER(S) : 10339 of 1997 CORAM: Lloyd J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act 1979, s 56A Environmental Planning and Assessment Act 1979, s 90(1)(a)(ii) Brimbella Pty Limited v Mosman Municipal Council (1985) 79 LGERA 367 at 368; Coles v Woollahra Municipal Council (1986) 59 LGRA 133 at 140: ; CASES CITED: Tabag v Minister for Immigration (1982) 45 ALR 705; 70 FLR 61 l ; Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; Randwick Municipal Council v Manousaki (1988) 66 LGRA 330 at 334; Golden Paradise Corporation v Kogarah Municipal Council (29 October 1997, unreported) DATES OF HEARING: 24/06/98 EX TEMPORE JUDGMENT DATE : 06/24/1998
APPLICANT A J J Thompson Russo & Co, Burwood
LEGAL REPRESENTATIVES: RESPONDENT D P Wilson Abbott Tout
JUDGMENT:
HIS HONOUR: This is an appeal under s 56A of the Land and Environment Court Act 1979 against a decision of an assessor of the Court in which the assessor allowed an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (Athe Act@) against the refusal by the respondent of a development application for a brothel at Five Dock.
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