NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Warriewood Properties Pty Limited v Forbes Shire Council & Anor [2008] NSWLEC 222
Warriewood Properties Pty Limited (Applicant) PARTIES : Forbes Shire Council (First Respondent) Walt Coulston (Second Respondent)
FILE NUMBER(S) : 40500 of 2008
CORAM: Jagot J
KEY ISSUES: Judicial Review :- party with benefit of consent admitted facts giving rise to invalidity of consent - declaration of invalidity made on admitted facts and documentary evidence
DATES OF HEARING: 18/7/2008
EX TEMPORE JUDGMENT DATE : 18 July 2008
APPLICANT Mr P J O'Brien (solicitor) SOLICITORS Harris & Company
FIRST RESPONDENT Ms J McCullan (solicitor) LEGAL REPRESENTATIVES: SOLICITORS Marsdens Law Group
SECOND RESPONDENT Mr T To SOLICITORS Gadens
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
18 July 2008
40500 of 2008
WARRIEWOOD PROPERTIES PTY LIMITED Applicant
FORBES SHIRE COUNCIL First Respondent
WALT COULSTON Second Respondent
JUDGMENT Jagot J: 1 These are class 4 proceedings in which the applicant seeks a declaration that development consent 2008/0048 granted by the first respondent to the second respondent on 21 February 2008 is void and of no effect and consequential orders.
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