NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Inglis v Ku-ring-gai Municipal Council [2009] NSWLEC 189
APPLICANT: Michael William Inglis PARTIES : RESPONDENT: Ku-ring-gai Municipal Council
FILE NUMBER(S) : 40402 of 2009
CORAM: Biscoe J
KEY ISSUES: PRACTICE AND PROCEDURE :- pre-trial disclosure of information and production of documents in Class 4 proceedings
Civil Procedure Act 2005, s 61 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005, rr 2.1, 21.11
DATES OF HEARING: 14 October 2009
EX TEMPORE JUDGMENT DATE : 14 October 2009
APPLICANT: Ms R. McCulloch (solicitor) SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Mr J. Ayling SC and Ms M. Allars (barrister) SOLICITORS HWL Ebsworth
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
14 October 2009
40402 of 2009
MICHAEL WILLIAM INGLIS v KU-RING-GAI MUNICIPAL COUNCIL
EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a notice of motion by the applicant seeking directions that the respondent discloses certain information and documents. 2 The applicant claims in these Class 4 proceedings that the use of premises at 2 Marian Street, Killara as a theatre is contrary to the provisions of the Environmental Planning and Assessment Act 1979. The applicant claims a declaration to that effect and an order that the respondent, Ku-ring-gai Municipal Council, be restrained from using those premises as a theatre.
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