Nicholas Vassiliadis v. Mosman Municipal Council [1998] NSWLEC 83

Land and Environment Court of New South Wales

CITATION : Nicholas Vassiliadis v. Mosman Municipal Council [1998] NSWLEC 83 APPLICANT Nicholas Vassiliadis

FIRST RESPONDENT PARTIES : Mosman Municipal Council

SECOND RESPONDENT Mr E Davis and Mrs I Davis

FILE NUMBER(S) : 40001 of 1998 CORAM: Cowdroy J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act 1979 The Minister for Immigration and Ethnic Affairs of Commonwealth of Australia Ex parte Lai Qin (1997) 186 CLR 62 per McHugh J at p 624-625; CASES CITED: Bignold J in Hayden Theatres Pty Limited v Penrith City Council & Anor (unreported, NSWLEC, 40210 of 1995); Cretazzo v Lombardi (1975) SASR 4 per Bray CJ at p 11). DATES OF HEARING: 02/11/98 DATE OF JUDGMENT: 11/03/1998

APPLICANT Mr J A Ayling Barrister Abbott Tout RESPONDENT LEGAL REPRESENTATIVES: Ms J Walsh Solicitor Mr A J J Thompson Barrister Hill Thomson & Sullivan PJ Donnellan & Co

JUDGMENT:

1. By application Class 4 filed 5 January 1998 Mr Vassiliadis ("the Applicant") sought declaration of invalidity of Building Approval No 563/95 issued by Mosman Municipal Council ("the Council") in relation to premises known as No 34 Julian Street, Mosman ("the premises") and various consequential orders relating to the demolition of a sandbox, vents on the eastern wall of the building at the premises and for the removal of a wall on the common boundary between No 21 Burton Street, Mosman and the premises.