Tricon Services Group Pty Ltd v Manly Council [2011] NSWLEC 69

Land and Environment Court New South Wales

Medium Neutral Citation: Tricon Services Group Pty Ltd v Manly Council [2011] NSWLEC 69 Hearing dates: 28 February, 1 April 2011 Decision date: 20 April 2011 Jurisdiction: Class 1 Before: Biscoe J Decision: (1) No notice under s 262(3) of the Local Government 1919 (now repealed) had been served on the owner of the land the subject of these proceedings at the date of repeal of that Act (2) No road widening order within the meaning of s 25 of the Roads Act 1993 applies to the land the subject of these proceedings. Catchwords: DEVELOPMENT APPLICATION:- notice served on owner of land under s 262 of Local Government Act 1919 is taken to be a road widening order within meaning of Roads Act 1993 - whether such a notice had been served. Legislation Cited: Local Government Act 1919 ss 262, 618, 628, 629 Local Government Act 1993 s 710 Public Roads Act 1902 Real Property Act 1900 s 42 Roads Act 1993 ss 25, 26, Sch 2 cll 16, 47 Cases Cited: Ex parte McDonald; Re Lake Macquarie Shire Council (1961) 61 SR (NSW) 719 Kevin Snell v Manly Council [2005] NSWLEC 193 Kevin Snell Pty Ltd v Manly Council [2004] NSWLEC 567 Kyogle Shire Council v Muli Muli Local Aboriginal Land Council [2005] NSWCA 4, 62 NSWLR 361 R & R Fazzolari Pty Ltd v Parramatta City Council [2009] HCA 12, 237 CLR 603 Category: Principal judgment Parties: Tricon Services Group Pty Ltd (Applicant) Manly Council (Respondent) Representation: Mr J Gleeson SC with Mr J Doyle (Applicant) Mr J A Ayling SC with Mr M Staunton (Respondent) Hunter Lawyers (Applicant) HWL Ebsworth Lawyers(Respondent) File Number(s): 10584 of 2010