Bennett Taylor Pty Limited v. North Sydney Municipal Council [1988] NSWLEC 24

Land and Environment Court of New South Wales

CITATION : Bennett Taylor Pty Limited v. North Sydney Municipal Council [1988] NSWLEC 24 APPLICANT Bennett Taylor Pty Limited PARTIES : RESPONDENT North Sydney Municipal Council FILE NUMBER(S) : 10591 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: North Sydney Municipal Council v.Parlby (1986); North Shore Gas Co. v. North Sydney Municipal Council (1986); Haines v. Leves and Anor, (1987); CASES CITED: Randwick Municipal Council v Manousaki (1986); Bushell and Anor v. Secretary of State for the Environment, [1980]; Wednesbury Corporation v. Ministry of Housing and Local Government [1966]; National Mutual Life Association of Australasia Ltd v. Godrich, (1909-10) ; Miller and Anor v. Gunnedah Municipal Council and Anor (1978) Barmuncol Pty Ltd v. Maroochy Shire Council (1983) DATES OF HEARING: DATE OF JUDGMENT: 10/05/1988

APPLICANT LEGAL REPRESENTATIVES: RESPONDENT

JUDGMENT:

HIS HONOUR: The applicant, Bennett Taylor Pty Limited, appeals pursuant to s.56A of the Land and Environment Court Act ("the L.&E.CourtAct") against a decision of this Court comprising two Assessors, dismissing an appeal made under s.97 of the Environmental Planning and Assessment Act, 1979 ("the E.P.&A.Act") with respect to a rejection of a development application by North Sydney Municipal Council. The application was to erect an eight storey commercial office building, including a penthouse, at premises known as 28-30Ridge Street, North Sydney ("the land").