NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Canterbury City Council v Mihalopoulos [2010] NSWLEC 248
APPLICANT Canterbury City Council
PARTIES : FIRST RESPONDENT Basilios Mihalopoulos
SECOND RESPONDENT Amanda Mihalopoulos
FILE NUMBER(S) : 40694 of 2010
CORAM: Pepper J
KEY ISSUES: CIVIL ENFORCEMENT :- unapproved building undertaken during construction of residential dwelling - respondents repeatedly notified by council of unapproved nature of works - exercise of discretion - whether to make declaration and order unlawful building works to be demolished - order made
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 ss 76A(1)(b), 124
ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67 Glaser v Poole [2010] NSWLEC 143 CASES CITED: Tynan v Meharg and Newcastle City Council [1998] NSWSC 592 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Willoughby City Council v Dasco Design and Construction Pty Ltd [2000] NSWLEC 257; (2000) 111 LGERA 422
DATES OF HEARING: 30 November 2010
EX TEMPORE JUDGMENT DATE : 30 November 2010
APPLICANT Mr M Wright SOLICITORS Marsdens
FIRST RESPONDENT LEGAL REPRESENTATIVES: No appearance SOLICITORS N/A
SECOND RESPONDENT Submitting appearance SOLICITORS APJ Law
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