Fast Buck$ and Mark Thompson v Hixson Holdings Pty Limited and Byron Shire Council [1989] NSWLEC 202

Land and Environment Court of New South Wales

CITATION : Fast Buck$ and Mark Thompson v Hixson Holdings Pty Limited and Byron Shire Council [1989] NSWLEC 202 APPLICANT Fast Buck$ and Mark Thompson

FIRST RESPONDENT PARTIES : Hixson Holdings Pty Ltd

SECOND RESPONDENT Bryon Shire Council

FILE NUMBER(S) : 40120 of 1988 CORAM: Cripps J KEY ISSUES: :- Land and Environment Court Act LEGISLATION CITED: Local Government Act Environmental Planning and Assessment Act CASES CITED: Sydney City Council v Zizza 12 May 1989; Scott v Kogarah Municipal Council 23 December 1987 DATES OF HEARING: DATE OF JUDGMENT: 06/01/1989

APPLICANT Mr Bucks LEGAL REPRESENTATIVES: RESPONDENT Mr Tobias QC

JUDGMENT:

His Honour: On 31 May 1988, Fast Bucks and Mark Thompson commenced proceedings against Hixson Holdings Pty Limited and Byron Shire Council seeking a declaration that a building approval granted by the Council in October 1988 "was issued in breach of condition A1 of development consent No 86/177 granted by the second respondent". They also sought orders that Hixson be restrained from carrying out any work pursuant to the development consent until condition A1 of the development consent was fulfilled and that the Council be restrained from granting any further building approvals until all conditions in the development consent had been fulfilled.

Until the day of hearing, Fast Bucks and Mark Thompson were represented by Hillman and Woolf Solicitors. The day before the hearing, Mr Woolf filed a notice of ceasing to act and at the hearing Fast Bucks sought to appear for himself and on behalf of Mark Thompson. I was satisfied Mr Thompson authorised Mr Bucks to act on his behalf and, in accordance with the provisions of s 63 of the Land and Environment Court Act, Mr Bucks was entitled to appear on his own behalf and on behalf of Mr Thompson.