NSW Caselaw
New South Wales Court of Appeal
CITATION: Phoenix Commercial Enterprises Pty Ltd v City of Canada Bay Council [2010] NSWCA 205
HEARING DATE(S): 16/08/2010
JUDGMENT DATE: 16 August 2010
JUDGMENT OF: Beazley JA at 20; Macfarlan JA at 21; Handley AJA at 1
EX TEMPORE JUDGMENT DATE: 16 August 2010
DECISION: Notice of Motion of 26/7/10 seeking a review of Young JA's decision of 12/7/10 dismissed with costs.
CATCHWORDS: Environmental Planning and Assessment – public roads – advertising structure on bus shelters – council approval - granted under Roads Act – not under Environmental Planning and Assessment Act. - public roads – approval for advertising structures on bus shelters – granted under Roads Act – not under Environmental Planning and Assessment Act – structures not over public road.
Environmental Planning and Assessment Amendment Act 1997 LEGISLATION CITED: Local Government Act 1993, s 68 Supreme Court Act, s 46(4)
PARTIES: Phoenix Commercial Enterprises Pty Ltd - Appellant City of Canada Bay Council - Respondent
FILE NUMBER(S): CA 09/298266
COUNSEL: F Agresta - Appellant in Person J E Armfield - Respondent
SOLICITORS: N/A Mills Oakley Lawyers - Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 09/298266
LOWER COURT JUDICIAL OFFICER: Young JA
LOWER COURT DATE OF DECISION: 12/07/2010
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 2009/298266
BEAZLEY JA MACFARLAN JA HANDLEY AJA
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