Drummoyne Municipal Council v Roads and Traffic Authority of New South Wales [1989] NSWLEC 169

Land and Environment Court of New South Wales

CITATION : Drummoyne Municipal Council v Roads and Traffic Authority of New South Wales [1989] NSWLEC 169 APPLICANT Drummoyne Municipal Council PARTIES : RESPONDENT Roads and Traffic Authority of New South Wales

FILE NUMBER(S) : 40160 of 1987 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act F. Hannan Pty. Ltd. v. Electricity Commission of N.S.W. ((1983) 51 LGRA 353 at 365-6); Guthega Development Pty. Ltd. v. The Minister (1986); CASES CITED: Jarasius v. Forestry Commission of New South Wales (Land and Environment Court, Unreported 4 March 1988); Jones v. Dunkel ((1958-59) 101 CLR 298); Randwick Municipal Council v. Crawley, (1985) 60 LGRA 227) DATES OF HEARING: DATE OF JUDGMENT: 03/22/1989

LEGAL REPRESENTATIVES: RESPONDENT Mr. McClellan, Q.C

JUDGMENT:

HIS HONOUR: By application filed in the Court on 23 July 1987 the Drummoyne Municipal Council seeks declaratory orders and other relief against the Traffic Authority of New South Wales and the Commissioner of Main Roads. The application concerns peak hour "No Standing" signs erected in Lyons Road, Five Dock, between McCulloch Street and the Great North Road. At some point of time after the institution of the proceedings legislative change replaced the Traffic Authority and the Department of Main Roads with a new authority - the Roads and Traffic Authority of New South Wales. It is agreed that that Authority is now the proper respondent in these proceedings.