Mandy Stevens v. Gregory Ian Cleary [1998] NSWLEC 125

NSW Caselaw

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Land and Environment Court of New South Wales

CITATION : Mandy Stevens v. Gregory Ian Cleary [1998] NSWLEC 125 APPLICANT Mandy Steverns PARTIES : RSPONDENT Gregory Ian Cleary FILE NUMBER(S) : 40229 of 1997 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1993 Local Government (Approvals) Regulation 1993 National Parks & Wildlife Service v Stables Perisher Pty Limited (1990) 20 NSWLR 573; CASES CITED: King & Anor v Lewis & Anor (1991) 74 LGRA 362 per Cripps J at 364-5; Giusti & Ors v Grant (Unreported, 40314 of 197, 24 April 1998, Sheahan J); Conomos v Chryssochoides ("Conomos") (Unreported, 40269 of 1996, Sheahan J, 29 October 1997 DATES OF HEARING: 3/03/98, 04/03/98 DATE OF JUDGMENT: 07/24/1998

APPLICANT Mr Ian Hemmings, Barrister Steven Klinger LEGAL REPRESENTATIVES: RESPONDENT Ms E Olsson, Barrister Whatmore Gee & Co

JUDGMENT: These are Class 4 proceedings involving two neighbours.

Stevens is the owner of the property known as No.4 Jenkins Street Chatswood ("No.4"), and Cleary is the owner of No. 2 Jenkins Street Chatswood ("No.2").

No.2 is uphill and to the south of No.4.

Stevens has owned No.4 since 3 March 1970, and Cleary purchased No.2 towards the end of 1996.

Both properties are within the area of Willoughby City Council ("Council") of which Stevens is an elected councillor.

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Document text

Land and Environment Court of New South Wales

APPLICANT Mr Ian Hemmings, Barrister Steven Klinger LEGAL REPRESENTATIVES: RESPONDENT Ms E Olsson, Barrister Whatmore Gee & Co

JUDGMENT: These are Class 4 proceedings involving two neighbours.

Stevens is the owner of the property known as No.4 Jenkins Street Chatswood ("No.4"), and Cleary is the owner of No. 2 Jenkins Street Chatswood ("No.2").

No.2 is uphill and to the south of No.4.

Stevens has owned No.4 since 3 March 1970, and Cleary purchased No.2 towards the end of 1996.

Both properties are within the area of Willoughby City Council ("Council") of which Stevens is an elected councillor.

Read full text →