NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Auburn Council v Hiken Group Pty Limited; Auburn Council v Proprietors of Strata Plan 74671 [2008] NSWLEC 191 This decision has been amended. Please see the end of the judgment for a list of the amendments.
No. 41201 of 2007
APPLICANT: Auburn Council
RESPONDENT: Proprietors of Strata Plan 74671 PARTIES : No. 40481 of 2008
APPLICANT: Auburn Council
RESPONDENT: Hiken Group Pty Limited
FILE NUMBER(S) : 41201 of 2007; 40481 of 2008
CORAM: Lloyd J
KEY ISSUES: Practice and Procedure :- application to strike out proceedings - section 121B of the Environmental Planning and Assessment Act1979 - order to comply with fire and life safety requirements - enforcement of order - proceedings brought without jurisdictional foundation - no cause of action
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B; s 121H; s 121I; s 121J; s 121P; s 121R and s 125
CASES CITED: Peek v New South Wales Egg Corporation (1986) 6 NSWLR 1
DATES OF HEARING: 30 May 2008
DATE OF JUDGMENT: 1 July 2008
APPLICANT: S Flanigan (barrister) SOLICITORS: LEGAL REPRESENTATIVES: Deacons RESPONDENTS: A E Galasso SC SOLICITORS: Colin Biggers Paisley
JUDGMENT: - 3 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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