NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Woollahra Municipal Council v Kincorp (NSW) Pty Ltd and Terence John Daly [2008] NSWLEC 218
Matter 50027 of 2006 PROSECUTOR Woollahra Municipal Council DEFENDANT PARTIES : Kincorp (NSW) Pty Ltd Matter 50029 of 2006 PROSECUTOR Woollahra Municipal Council DEFENDANT Terence John Daly
FILE NUMBER(S) : 50027; 50029 of 2006
CORAM: Sheahan J
KEY ISSUES: Prosecution :- development without consent; instruction to demolish; plea of not guilty
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Alcoa Australia Rolled Products Pty Ltd v Weston Aluminium Pty Ltd (2006) 148 LGERA 439 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd & Another (1991) 22 NSWLR 389 CASES CITED: House of Peace Pty Ltd & Another v Bankstown City Council (2000) 48 NSWLR 498 Westfield Management Limited v Perpetual Trustee Company Ltimited & Anor [2006] NSWCA 245 Woollahra Municipal Council v JPS Development & Construction Pty Limited [2007] NSWLEC 595
DATES OF HEARING: 4-8 February 2008; 17 March 2008
DATE OF JUDGMENT: 31 July 2008
PROSECUTOR Mr P Clay SOLICITORS LEGAL REPRESENTATIVES: Home Wilkinson Lowry DEFENDANT Mr M Gracie SOLICITORS Dennis & Company
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