Spare v Leichhardt Municipal Council [2002] NSWSC 412

Reported Decision : 120 LGERA 218

New South Wales Supreme Court

CITATION : Spare v Leichhardt Municipal Council [2002] NSWSC 412 FILE NUMBER(S) : SC 10861/02 HEARING DATE(S) : 17/6/02 JUDGMENT DATE : 21 June 2002

PARTIES : David Lloyd Spare (Plaintiff) Leichhardt Municipal Council (Defendant) JUDGMENT OF : Bell J at 1

COUNSEL : Ian Hemmings (Plaintiff) AJJ Thompson (Defendant) SOLICITORS : M.E. McMahon & Assoc -Solicitors (Plaintiff) Messrs. Kencalo & Ritchie - Solicitors (Defendant) Environmental Planning and Assessment Act 1979 (NSW) LEGISLATION CITED : Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 Justices Act 1902 CASES CITED : Beckwith v R (1976) 12 ALR 333 DECISION : Leave granted to the plaintiff pursuant to s 104(4) of the Justices Act 1902 to bring the appeal; Appeal dismissed; Plaintiff to pay the defendant's costs as agreed or assessed

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J Friday 21 June 2002

010861/02 David Lloyd SPARE v Leichhardt Municipal Council

JUDGMENT 1 BELL J: By summons filed on 27 March 2002 the plaintiff appeals from the whole of the decision of Magistrate Still given in the Local Court at Balmain on 1 March 2002. 2 Proceedings were commenced against the plaintiff by the defendant, the Leichhardt Municipal Council ("the Council"), in the Local Court by laying two informations. Each information alleged that the plaintiff erected a building without development consent contrary cl 29(3) of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 ("the Savings Regulation"). This Regulation was made pursuant to the Environmental Planning and Assessment Act 1979 ("the EP&A Act").