NSW Caselaw
Land and Environment Court of New South Wales
CITATION : G. GAWEDA v. CLUTE HOLDINGS PTY. LIMITED [1989] NSWLEC 185 APPLICANT G. Gaweda
FIRST RESPONDENT Clute Holdings Pty. Ltd
PARTIES : SECOND RESPONDENT Richard Mann
THIRD RESPONDENT Richard Mann & Associates Pty Ltd
FOURTH RESPONDENT James Richardson Pty Ltd FILE NUMBER(S) : 40230 of 1987 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Heritage Act 1977 CASES CITED: Hannah No 2. v. Electricity Commission Of New South Wales (1985) DATES OF HEARING: 11/05/88, 12/05/88 DATE OF JUDGMENT: 05/01/1989
LEGAL REPRESENTATIVES:
JUDGMENT:
His Honour: On 4 November 1987, the applicant commenced proceedings against the four named respondents seeking, as against each, a declaration that certain alterations made to the premises known as Liner House were in breach of s.57(1) of the Heritage Act 1977 because of an interim conservation order made pursuant to s.26 of the Heritage Act which applied to the building and the land. He also sought orders that each respondent, as far as practicable, "restore the appearance of the building to the condition the building was in immediately before such breach".
The matter came on for hearing on 11 May 1988. It was adjourned on 12 May 1988 in circumstances presently to be related. The matter was relisted for rehearing on 10 April and on that occasion the Court made the following orders by consent.
"1. The application against the first, second and third respondents be dismissed.
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