Silkcan Pty Limited v. Woollahra Municipal Council [1998] NSWLEC 137

NSW Caselaw

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Land and Environment Court of New South Wales

CITATION : Silkcan Pty Limited v. Woollahra Municipal Council [1998] NSWLEC 137 APPLICANT Silkcan Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10243; 20062 of 1996 CORAM: Pearlman J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Local Government Act 1993. Young v Jackman (1986) 7 NSWLR 97; Woollahra Municipal Council v Shahani (1990) 69 LGRA 435; CASES CITED: Anor v Mushroom Composters Pty Ltd (31 May 1995 unreported); Australian Securities Commission v Macleod & Ors (Federal Court of Australia, 23 November 1994, unreported); Hadkinson, bKP Cable Investments Pty Ltd v Meltglow Pty Ltd and Ors (1995) 56 FCR 189 at p 206. DATES OF HEARING: 04/06/98 DATE OF JUDGMENT: 06/16/1998

APPLICANT Mr J B Simpkins, Barrister Ms L Byrne, Barrister Clayton Utz LEGAL REPRESENTATIVES: RESPONDENT Mr W P O'Rourke, Solicitor Deacons Graham & James

JUDGMENT: The parties in these proceedings have sought the determination of a question of law in advance of all other questions in the proceedings. That question is as follows:

"Whether, assuming:-

(a) the facts as set out in paragraphs 2, 3, 4, 5, 6, 8, 10, 13 and 14 of the affidavit of Joseph Ernesto Cagliata sworn 4 June 1998;

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Document text

Land and Environment Court of New South Wales

APPLICANT Mr J B Simpkins, Barrister Ms L Byrne, Barrister Clayton Utz LEGAL REPRESENTATIVES: RESPONDENT Mr W P O'Rourke, Solicitor Deacons Graham & James

JUDGMENT: The parties in these proceedings have sought the determination of a question of law in advance of all other questions in the proceedings. That question is as follows:

"Whether, assuming:-

(a) the facts as set out in paragraphs 2, 3, 4, 5, 6, 8, 10, 13 and 14 of the affidavit of Joseph Ernesto Cagliata sworn 4 June 1998;

Read full text →