Chriss v Williams & Anor [1988] NSWLEC 120

Land and Environment Court of New South Wales

CITATION : Chriss v Williams & Anor [1988] NSWLEC 120 APPLICANT Chriss PARTIES : RESPONDENT Williams and Anor FILE NUMBER(S) : 40090 of 1988 CORAM: Bignold J KEY ISSUES: :- Local Government Act 1919 LEGISLATION CITED: Great Eastern Cleaning Services Pty Ltd. & the Companies Act (1978) Companies Act 1961 Land and Environment Court Act. CASES CITED: Double Bay Marina Pty Ltd. v. Woollahra Municipal Council (1985); Donald Crane & Associates Pty. Ltd. v. The Council of the City of Bathurst (1988) DATES OF HEARING: 17/05/1988 DATE OF JUDGMENT: 05/17/1988

LEGAL REPRESENTATIVES:

JUDGMENT: Bignold J.: On 2nd instant the Applicant commenced class 4 proceedings against the 1st Respondent claiming declarations that proposed building works infringed certain provisions of Ordinance 70 under the Local Government Act 1919 and that a building approval granted by the Mosman Municipal Council was invalid.

On 5th instant an amended class 4 application was filed (nominating the Council as a Respondent) claiming the same declaratory relief as originally sought together with further declarations as follows:-

"3. A declaration that the objection lodged by the first respondents pursuant to s.317M of the Local Government Act, 1919, as amended, is invalid, void and of no effect.

4. A declaration that application No. 20224 of 1988 in respect of the hearing by this Honourable Court of the said objection pursuant to s.317M of the said Act be dismissed or alternatively, permanently stayed."