Logwon Pty Ltd v. Warringah Shire Council [1993] NSWLEC 4

Land and Environment Court of New South Wales

CITATION : Logwon Pty Ltd v. Warringah Shire Council [1993] NSWLEC 4 APPLICANT Logwon Pty Ltd

PARTIES : RESPONDENT Warringah Shire Council

RESPONDENTS FILE NUMBER(S) : 40093 of 1991 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 (Permanent Trustee Co (Canberra) Ltd v. Stocks and Holdings (Canberra) Pty Ltd (1976); Harvey v. Phillips (1956) ; CASES CITED: Spies v. Commonwealth Bank of Australia (1991); High Court in Taylor v. Johnson (1983); Tommey v. Tommey [1982] ; Livesey v. Jenkins [1985] DATES OF HEARING: DATE OF JUDGMENT: 04/30/1993

APPLICANT Mr W. Hodgekiss (Barr) Mr D. Balog of Balog D.C. & Associates

LEGAL REPRESENTATIVES: RESPONDENT Mr M.C. Craig (QC) Mr D. Wilson (Barr) Mr Neil Howie of Wilshire Webb Solicitors

JUDGMENT:

A. INTRODUCTION By its amended Class 4 application Logwon Pty Ltd ("the Company") seeks orders that two sets of consent orders made by this Court on 16 August 1988 and 24 April 1990 respectively in proceedings No 40083 of 1988 brought against the Company by the Warringah Shire Council ("the Council") be declared null and void and of no operative effect or alternatively that they be set aside.

B. THE COURT'S CONSENT ORDERS The aforesaid consent orders relate to a parcel of land, comprising 6.2 hectares and being Lot X Deposited Plan 395049 and Lot B Deposited Plant 380266 situate at Cabbage Tree Road, Bayview ("the subject land") which the Company acquired in August 1986. Except for a dwelling-house the subject land is not developed although the Company has been desirous of developing it by a rural/residential subdivision since acquiring it, but has been unsuccessful in obtaining the requisite development consent.