Meriton Apartments Pty Limited v Council of the City of Sydney (No 2) [2010] NSWLEC 76

Land and Environment Court of New South Wales

CITATION : Meriton Apartments Pty Limited v Council of the City of Sydney (No 2) [2010] NSWLEC 76 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Meriton Apartments Pty Limited PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 40293 of 2009; 40957 of 2009

CORAM: Pepper J

KEY ISSUES: PRACTICE AND PROCEDURE :- whether a site view necessary for Court to understand facts in issue or the evidence in the proceedings - application refused

Evidence Act 1995 LEGISLATION CITED: Local Government Act 1993 Roads Act 1993

DATES OF HEARING: 17 May 2010

EX TEMPORE JUDGMENT DATE : 17 May 2010

APPLICANT Mr D Russell QC with Mr M Seymour SOLICITORS Meriton Group LEGAL REPRESENTATIVES: RESPONDENT Mr M Leeming SC with Ms J Shepard SOLICITORS Council of the City of Sydney

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

PEPPER J

17 May 2010

40293 of 2009 Meriton Apartments Pty Limited v Council 40957 of 2009 of the City of Sydney (No 2)

EX TEMPORE JUDGMENT Introduction 1 HER HONOUR: This is an application for the Court to attend a view of three construction sites the subject of fees charged by the Council of the City of Sydney ("the council") the subject-matter of these proceedings. 2 Meriton Apartments Pty Ltd ("Meriton"), makes an application that the Court visit: (1) 420 Pitt Street, Haymarket;