NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Meriton Apartments Pty Ltd v Council of the City of Sydney [2009] NSWLEC 166
APPLICANT Meriton Apartments Pty Ltd PARTIES : RESPONDENT Council of the City of Sydney
FILE NUMBER(S) : 40293 of 2009
CORAM: Sheahan J
KEY ISSUES: PRACTICE AND PROCEDURE :- application to strike out a substantial part of the applicant's claim - power to be "sparingly employed"
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Local Government Act 1993 Recovery of Imposts Act 1963 Uniform Civil Procedure Rules 2005 (NSW)
Baulkham Hills Shire Council v Wrights Road Pty Ltd (2007) 153 LGERA 219 CASES CITED: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Leerdam v Noori [2009] NSWCA 90 Trendlen Pty Ltd v Mobil Oil Australia Pty Ltd [2005] NSWSC 741
DATES OF HEARING: 13 August 2009
DATE OF JUDGMENT: 25 September 2009
APPLICANT Mr D Russell, QC with Mr M Seymour SOLICITORS Mr D Grynberg of Meriton Apartments LEGAL REPRESENTATIVES: RESPONDENT Mr M J Leeming, SC SOLICITORS Ms L Byrne, City of Sydney
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Sheahan J
25 September 2009
40293 of 2009 Meriton Apartments Pty Ltd v Council of the City of Sydney
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