NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Glaser v Poole [2010] NSWLEC 143
APPLICANTS Ivan Glaser PARTIES : Diane Glaser RESPONDENT Amanda Poole
FILE NUMBER(S) : 40276 of 2010
CORAM: Pain J
KEY ISSUES: CIVIL ENFORCEMENT :- exercise of discretion - whether to make declarations and order to demolish illegal building work - whether mollifying order to enable application to council to regularise the work ought be made
Encroachment of Buildings Act 1922 Environmental Planning and Assessment Act 1979 s124, s149E LEGISLATION CITED: Home Building Act 1989 Waverley Development Control Plan 2006 Waverley Local Environmental Plan 1996
ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67; 64 LGRA 177 CASES CITED: Tynan and Ors v Meharg and Newcastle City Council [1998] NSWSC 592 Warringah Shire Council v Sedevcic (1987) 63 LGRA 361 Willoughby City Council v Dasco Design & Construction Pty Ltd [2000] NSWLEC 257
DATES OF HEARING: 3 August 2010 4 August 2010
DATE OF JUDGMENT: 6 August 2010
APPLICANTS Mr P Tomasetti SC SOLICITOR Gerald Aronstan LEGAL REPRESENTATIVES: RESPONDENT Mr I Hemmings SOLICITOR M E McMahon & Associates
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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