FALAMAKI v WOLLONGONG CITY COUNCIL [2001] NSWCA 55

Reported Decision : (2001) 113 LGERA 207

New South Wales Court of Appeal

CITATION : FALAMAKI v WOLLONGONG CITY COUNCIL [2001] NSWCA 55 FILE NUMBER(S) : CA 40154/99 HEARING DATE(S) : 22 September 2000 JUDGMENT DATE : 4 April 2001

Masood Falamaki PARTIES : v Wollongong City Council JUDGMENT OF : Priestley JA at 1; Handley JA at 2; Powell JA at 38

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT LEC 40091/95 FILE NUMBER(S) : LOWER COURT Talbot J JUDICIAL OFFICER :

COUNSEL : Appellant - in person Respondent - C McEwen/F Austin SOLICITORS : Appellant - in person Respondent - Peedom Brodie & Ward CATCHWORDS : PRACTICE AND PROCEDURE - Land and Environment Court - Land and Environment Court Act, s 58 - no appeal as of right where decision is not final LEGISLATION CITED : Land and Environment Court Act Local Government Act 1993 (as amended) CASES CITED: Southern Cross Exploration NL v Fire and All Risks Insurance Company Ltd [No 2] (1990) 21 NSWLR 200 DECISION : Leave to appeal refused. Appeal dismissed. Orders made

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

40154/99 LEC 40091/95 PRIESTLEY JA HANDLEY JA POWELL JA

4 April 2001

MASOOD FALAMAKI v WOLLONGONG CITY COUNCIL PRACTICE AND PROCEDURE - Land and Environment Court - Land and Environment Court Act, s 58 - no appeal as of right where decision is not final The appellant was constructing a dwelling house for which a permit had been granted by the respondent subject to specified technical requirements. Disputes arose over the extent of the appellant's compliance with those requirements. These resulted in three hearings before Talbot J in the Land and Environment Court who made an order for the demolition of the unfinished dwelling but suspended it on conditions. The appellant appealed as of right under s 58 of the Land and Environment Court Act. HELD: refusing leave to appeal: (1) An appeal as of right under the Act only lies from final orders. The order for demolition which was suspended on conditions was an interlocutory order and leave to appeal was required. (2) No basis was disclosed for the Court granting leave. (3) The Court should order that the times for compliance with the conditions on which the demolition order had been suspended be extended in line with those allowed by the Judge. (4) No order as to costs should be made in favour of the respondent which had not objected to the competency of the appeal. ORDERS (1) Leave to appeal refused;