NSW Caselaw
New South Wales Court of Appeal
CITATION : Optus Mobile Ltd v Canada Bay City Council [2004] NSWCA 446 revised - 6/12/2004 HEARING DATE(S) : 29 November 2004 JUDGMENT DATE : 29 November 2004
JUDGMENT OF : Giles JA DECISION : Notice of motion filed 10 November 2004 dismissed with costs. Continue the existing stay for seven days from today.
CATCHWORDS : Stay of order pending appeal - dispute over whether development consent required for telecommunications facility - Council brought proceedings in Land and Environment Court - Optus went ahead and erected facility - held development consent required - proceedings adjourned so application could be made for development consent - but order preventing use of facility in the meantime - whether order to be stayed - balance of convenience - use illegal and Optus went ahead at its own risk - Council had benefit of judicial decision also giving it collateral advantage of allaying concerns, even if ill-founded, about electromagnetic emissions - stay refused. ND PARTIES : Optus Mobile Ltd - Claimant Canada Bay City Council - Opponent FILE NUMBER(S) : CA 40977/04 COUNSEL : T S Hale SC & M J McGrowdie - Claimant D Baird & P Whitford (Solrs) - Opponent SOLICITORS : Minter Ellison - Claimant Maddocks - Opponent
LOWER COURT Land & Environment Court JURISDICTION : LOWER COURT LEC 40906/04 FILE NUMBER(S) : LOWER COURT Lloyd J JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40977/04 LEC 40906/04
GILES JA
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