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. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.