NSW Caselaw
New South Wales Court of Appeal
CITATION: Hurstville City Council v Renaldo Plus 3 Pty Ltd [2006] NSWCA 248
HEARING DATE(S): 15 August 2006
JUDGMENT DATE: 8 September 2006
JUDGMENT OF: Mason P at 1; Hodgson JA at 2; Tobias JA at 5
DECISION: (a) Grant leave to appeal upon condition that a notice of appeal containing the grounds of appeal argued on the appeal be filed within seven days of the date of these orders; (b) Appeal dismissed; (c) The appellant to pay the respondent's costs of the appeal
CATCHWORDS: LOCAL GOVERNMENT – building control – development consent – impact of development – consent refused by Council but allowed by Land and Environment Court – powers of Land and Environment Court – construction of orders – whether consent final – whether proper account was taken of impact of development
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hurstville Local Environmental Plan 1994 Land and Environment Court Act 1979 Land and Environment Court Rules 1996
Bailey v Marinoff (1971) 125 CLR 529 Cachia v Colaco (2003) 132 LGERA 62 Cristel v Cristel [1951] 2 KB 725 Detala Pty Ltd v Byron Shire Council (No 2) (2000) 107 LGERA 422 DJL v The Central Authority (2000) 201 CLR 226 Kindimindi Investments Pty Ltd v Lane Cove Council (2006) 143 LGERA 277 Meehan v Glazier Holdings Pty Ltd (2002) 54 NSWLR 146 Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd (1996) 91 LGERA 31 CASES CITED: Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Muriti v Prendergast [2005] NSWSC 281 Oshlack v Richmond River Shire Council (1993) 82 LGERA 222 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435 Scott v Wollongong City Council (1992) 75 LGRA 112 Transport Action Group Against Motorways Inc v Roads and Traffic Authority (1999) 46 NSWLR 598 Weal v Bathurst City Council (2000) 111 LGERA 181 Winn v Director-General of National Parks & Wildlife (2001) 130 LGERA 508 Zhang v Canterbury City Council (2001) 51 NSWLR 589
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate