NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fairfield City Council v Ly and Ors [2008] NSWLEC 322
APPLICANT Fairfield City Council
FIRST RESPONDENT Lan Anh Ly PARTIES : SECOND RESPONDENT Paul Trinh
THIRD RESPONDENT Charles Trinh
FILE NUMBER(S) : 40797 of 2008
CORAM: Pain J
Construction and Interpretation :- whether use of premises within definition of shop under Fairfield Local Environmental Plan 1994 and therefore prohibited - whether zone objectives can define permitted use
KEY ISSUES: Injunctions and Declarations:- whether to make a declaration that current use is a shop - whether use is sale of motor vehicle components - whether to make consequential orders following declaration that awning already constructed lacks development consent
Discretion :- whether reasonable time should be granted to enable development consent to be obtained - whether to suspend order for demolition pending application for development consent
LEGISLATION CITED: Interpretation Act 1987 s 35 Fairfield Local Environmental Plan 1994
CASES CITED: Council of the City of Sydney v Waldorf Apartments Hotel Sydney Pty Limited [2008] NSWLEC 97 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335
DATES OF HEARING: 15 December 2008
DATE OF JUDGMENT: 17 December 2008
APPLICANT Mr A Thompson (solicitor) SOLICITORS Ritchie and Castellan LEGAL REPRESENTATIVES: RESPONDENTS Ms L Andelman SOLICITORS Ho Ledinh Lawyers
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