Saggers and Bell v Valtone Pty Limited and The Darling Harbour Authority [1988] NSWLEC 7

Land and Environment Court of New South Wales

CITATION : Saggers and Bell v Valtone Pty Limited and The Darling Harbour Authority [1988] NSWLEC 7 APPLICANTS Colin Arthur Saggers and Robert Bell PARTIES : RESPONDENTS Valtone Pty Limited and The Darling Harbour Authority

FILE NUMBER(S) : 40142 of 1988 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Darling Harbour Authority Act, 1984 Land and Environment Court Act CASES CITED: Building Owners and Managers' Association of Australia Limited v. Sydney City Council, 53 L.G.R.A. 54, at 72. DATES OF HEARING: DATE OF JUDGMENT: 07/08/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: In this matter Colin Arthur Saggers and Robert Bell make application for declarations and other orders with respect to the lawfulness of a building permit issued pursuant to the Darling Harbour Authority Act, 1984. The applicants are former permit holders of a market known as "Paddy's Market", and which has been the subject of a hearing before Mr Justice Needham in the Supreme Court of New South Wales in its Equity Division, and those proceedings were resolved against the applicants with respect to their rights to continued occupation of the premises for those purposes.

The matter now comes before this Court, exercising its jurisdiction pursuant to s.20 of the Land and Environment Court Act, either to enforce any right, obligation or duty conferred or imposed by a planning or environmental law, or to review or command the exercise of a function conferred or imposed by planning and environmental law. There has been no submission made to me that the Darling Harbour Authority Act 1984 is not an environmental law, and I note it is expressly referred to in section 20(3) of the L.& E. Court Act.