Ku-Ring-Gai Municipal Council v Hogg [1989] NSWLEC 157

Land and Environment Court of New South Wales

CITATION : Ku-Ring-Gai Municipal Council v Hogg [1989] NSWLEC 157 APPLICANT Ku-Ring-Gai Municipal Council PARTIES : RESPONDENT Hogg FILE NUMBER(S) : 20239 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act Local Government Act New South Wales Court of Appeal in Randwick Municipal Council v. Manousaki (Unreported 26 September 1988); Australian Gas Light Co. v. Valuer General (38 SR 126 at 138); N.S.W. Associated Blue Metal Quarries v. Federal Commissioner of Taxation (94 CLR 509 at 54-512); Clark v Flannagan, 52 CLR 416; CASES CITED: McPhee v S Bennett Ltd, 52 WN 8, at 9; Poricanin v Australian Consolidated Industries Ltd, (1979) 2 NSWLR 419, at 426; Azzopardi v Tasman UEB Industries Ltd, (1985) 4 NSWLR 139; Mahony v Industrial Registrar New South Wales, (1986) 8 NSWLR 1; Reg v District Court; ex parte White, 116 CLR 644, at 654 DATES OF HEARING: DATE OF JUDGMENT: 02/13/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This is an appeal by the Council under s.56A of the Land and Environment Court Act against the decision of an Assessor granting building approval to the erection of a tennis court on land known as No. 17 Lofberg Road, West Pymble.

It is the appellant Council's submission that the Assessor erred in law in failing to properly take into consideration the matters set out in s.313(1) of the Local Government Act and in particular paragraph (o) thereof "the likely effect of the building on adjoining land and buildings". The Council submits that the Assessor's error is demonstrated from his approach to the case as contained in his extemporary reasons for Judgment.