MM & SW Enterprises Pty Limited v Strathfield Municipal Council [2011] NSWCA 14

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: MM & SW Enterprises Pty Limited v Strathfield Municipal Council [2011] NSWCA 14 Hearing dates: 14 February 2011 Decision date: 14 February 2011 Before: Macfarlan JA at [1]; Handley AJA at [12]; Sackville AJA at [13] Decision: The appeal is dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ENVIRONMENT AND PLANNING - existing use - whether development consent for "commercial offices" permitted use of premises as a brothel - Strathfield Planning Scheme Ordinance 1969 (NSW) Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Bird v Hawkesbury City Council [2000] NSWLEC 4; (2000) 106 LGERA 224 MM & SW Enterprises Pty Ltd v Strathfield Council [2010] NSWLEC 8; (2010) 172 LGERA 125 Category: Principal judgment Parties: MM & SW Enterprises Pty Limited (Appellant) Strathfield Municipal Council (Respondent) Representation: M Baird (Appellant) T Hale SC/L Shipway (Respondent) Storey & Gough (Appellant) Houston Dearn O'Connor (Respondent) File Number(s): CA 2010/50138 Decision under appeal Jurisdiction: 9106 Citation: MM & SW Enterprises Pty Ltd v Strathfield Council [2010] NSWLEC 8 Date of Decision: 2010-02-02 00:00:00 Before: Pepper J File Number(s): 09/40044