NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Council of the City of Sydney v Waldorf Apartments Hotel Sydney Pty Limited and Anor (No 2) [2008] NSWLEC 122
APPLICANT Council of the City of Sydney
PARTIES : FIRST RESPONDENT Waldorf Apartments Hotel Sydney Pty Limited
SECOND RESPONDENT Rinbac Pty Limited
FILE NUMBER(S) : 40389 of 2007
CORAM: Pain J
KEY ISSUES: Injunctions and Declarations :- whether Court should exercise its discretion to make orders restraining breach of Environmental Planning and Assessment Act 1979 - final orders made allowing unlawful use to continue for defined period
LEGISLATION CITED: Central Sydney Development Control Plan 1996 Environmental Planning and Assessment Act 1979 s 124(1)
Council of the City of Sydney v Waldorf Apartments Hotel Sydney Pty Limited and Anor [2008] NSWLEC 97 Council of the Municipality of North Sydney v Sydney Serviced Apartments Pty Ltd [1992] NSWLEC 43 CASES CITED: F Hannan Pty Ltd v Electricity Commission of New South Wales [No 3] (1985) 66 LGRA 306 North Sydney Municipal Council v Sydney Serviced Apartments Pty Ltd (1990) 21 NSWLR 532 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335
DATES OF HEARING: 26 March 2008
DATE OF JUDGMENT: 28 March 2008
APPLICANT Mr M Baird SOLICITORS LEGAL REPRESENTATIVES: City Prosecutor's Office, Sydney City Council RESPONDENTS Mr P McEwen SC SOLICITORS Landerer & Company
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