Vanmeld Pty Limited v. Fairfield City Council [1998] NSWLEC 136

Land and Environment Court of New South Wales

CITATION : Vanmeld Pty Limited v. Fairfield City Council [1998] NSWLEC 136 APPLICANT Vanmeld Pty Ltd PARTIES : RESPONDENT Fairfield City Council FILE NUMBER(S) : 10081; 40077 of 1997 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: Land & Environment Court Act 1979 Fairfield Local Environmental Plan 1994 CASES CITED: DATES OF HEARING: 13/02/98, 03/04/98 DATE OF JUDGMENT: 05/29/1998

APPLICANT Mr E Strasser, Barrister LEGAL REPRESENTATIVES: RESPONDENT Mr J Webster, Barrister

JUDGMENT: Applicant Mr E Strasser, Barrister

Respondent Mr J Webster, Barrister

Solicitors Applicant Mr R Butler of Jennifer E Darin

Respondent Ms L McCusker of Deacons Graham & James

Number of pages 17

Summary of orders * Both proceedings adjourned to Registrar's callover list on 5.6.1998

Contents

The Relationship between these two matters and other proceedings 1

My Earlier judgment 6

The current submissions 8

The Court's Power to pose and answer separate questions 12

Conclusion and Orders 16

IN THE LAND AND Matter Nos: 10081 and 40077

ENVIRONMENT COURT of 1997

OF NEW SOUTH WALES Coram: Sheahan J

29 May 1998

VANMELD PTY LIMITED Applicant

v

FAIRFIELD CITY COUNCIL

Respondent

JUDGMENT

This applicant company ("Vanmeld") and the respondent Council ("Council") have been involved in litigation for many years both in this Court and the Supreme Court of New South Wales. (See Exhibit A sections 1-6).

This judgment deals further with two matters currently pending in this Court - Matter No.10081 of 1997 and Matter No.40077 of 1997.