Hudak v Council of the Municipality of Waverley [1989] NSWLEC 190

Land and Environment Court of New South Wales

CITATION : Hudak v Council of the Municipality of Waverley [1989] NSWLEC 190 APPLICANT Hudak PARTIES : RESPONDENT Council of the Municipality of Waverley FILE NUMBER(S) : 40212 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Local Government Act Environmental Planning and Assessment Act Milaninovic v. South Sydney Municipal Council 28 LGRA 195; F.N Eckold Pty Ltd & Anors v. Auburn Municipal Council 34 LGRA 114; CASES CITED: Woollahra Municipal Council v. T.A.J.J. Investments Pty. Limited 49 LGRA 123 at 125; R v. City of Oakley; Ex parte New Gamble Brick Works Pty Limited 19 LGRA 258 ; Council of the Municipality of North Sydney v. Boyts Radio and Electrical Pty Limited 13.4.1989 DATES OF HEARING: DATE OF JUDGMENT: 05/04/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: In proceedings No 20278/86 Mr Hudak has appealed to the Land and Environment Court in its Class 2 jurisdiction seeking to set aside or modify a Notice dated 13 December 1985 served on him by the Council of the Municipality of Waverley pursuant to the provisions of s.317B(1) of the Local Government Act requiring him within a period of sixty (60) days to demolish a two storey brick residential flat building at 46 Beaumont Street, Rose Bay, because it was in a dilapidated and unsightly condition and prejudicial to the properties in, and the inhabitants of, the neighbourhood.

In proceedings No. 40212/88 the Council has made application to the Court in its Class 4 jurisdiction seeking the following declarations with respect to the same property: