NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pikoulas v Canterbury City Council & Ors [2007] NSWLEC 798
APPLICANT Aristomenis Pikoulas
FIRST RESPONDENT Canterbury City Council
PARTIES : SECOND RESPONDENT Con Anagnostou
THIRD RESPONDENT William and Michel Basguil
FOURTH RESPONDENT Dr Frank Papadopoulos
FILE NUMBER(S) : 40699 of of 2007
CORAM: Preston CJ
KEY ISSUES: Jurisdiction :- Class 4 application seeking damages for financial loss caused allegedly by actions of local council and neighbours - orders for damages and underlying causes of action outside jurisdiction of Court - application also seeking orders in relation to encroachment of neighbour's building - Court has jurisdiction, albeit in another class to deal with encroachments - encroachment claim settled by neighbours during proceedings - application dismissed
Encroachment of Buildings Act 1922 Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 s 19, s 20, s 32, s 56A Land and Environment Court Rules 1996 Pt 6 r 2 Local Government Act 1919 s 317B(1A) Supreme Court Rules 1970 Pt 37 r 3
CASES CITED: Pikoulas v Canterbury City Council [2007] NSWLEC 747; Vincent v Wyong Shire Council (1995) 86 LGERA 86 at 88
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