NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mosman Municipal Council v David Kelly [2007] NSWLEC 90
APPLICANT Mosman Municipal Council PARTIES : RESPONDENT David Kelly
FILE NUMBER(S) : 40967 of 2006
CORAM: Jagot J
KEY ISSUES: Civil Enforcement :- erection of garage that required consent without consent - demolition - no appearance by respondent - proceedings heard ex parte - breach - discretion - stay of orders
Environmental Planning and Assessment Act 1979 s 76A, s 124 LEGISLATION CITED: Evidence Act 1995 s 53 Land and Environment Court Rules 1996 Pt 15 r 9 Mosman Local Environmental Plan 1998
DATES OF HEARING: 19 February 2007
EX TEMPORE JUDGMENT DATE : 19 February 2007
APPLICANT Mr S Griffiths (solicitor) SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT No appearance SOLICITORS N/A
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
19 February 2007
40967 of 2006
MOSMAN MUNICIPAL COUNCIL Applicant
DAVID KELLY Respondent
JUDGMENT Jagot J: 1 These are Class 4 proceedings commenced by Mosman Municipal Council against the respondent, Mr David Kelly. In the proceedings the Council seeks a substantive order as follows: 1. An order that the respondent demolish the unauthorised building work consisting of a two storey garage structure located at the rear of premises known as 91 Ourimbah Road, Mosman within the area of the Council of Mosman within a period of two months from the date of the aforesaid order.
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