Michael Davies Associates Pty Ltd & Anor v South Sydney Municipal Council [1989] NSWLEC 179

Land and Environment Court of New South Wales

CITATION : Michael Davies Associates Pty Ltd & Anor v South Sydney Municipal Council [1989] NSWLEC 179 APPLICANT Michael Davies Associates Pty Ltd PARTIES : RESPONDENT South Sydney Municipal Council FILE NUMBER(S) : 10284 of 1985 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning And Assessment Act CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 04/17/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This matter concerns an application to modify a consent under s.102 of the Environmental Planning and Assessment Act. It was heard immediately following No. 40094 of 1989, in respect of which I have just published my Judgment. Since I have held in the Class 4 proceeding that the purported extension of the consent by the City Commissioners, (which consent is now sought to be modified), is a nullity and that the subject consent lapsed on 2 January 1988, the modification application must necessarily fail.

In these circumstances there is no point in me considering the merits of the s.102 application and I decline to do so. The application is dismissed with each party to bear its own costs. The exhibits may be returned.

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