NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Liverpool City Council v Main Homes Pty Ltd [2011] NSWLEC 174 Hearing dates: 4 - 5 October 2011 Decision date: 12 October 2011 Jurisdiction: Class 4 Before: Biscoe J Decision: Declaration and orders as set out in paragraph 74 Catchwords: Civil enforcement - development consent - whether failure to carry out development in accordance with development consent in breach of s 76A Environmental Planning and Assessment Act 1979 - whether Court should exercise discretion to refuse relief. Legislation Cited: Conveyancing Act 1919 ss 88B, 195J Environmental Planning and Assessment Act 1979 ss 76A, 94, 79C, 124(1) Land and Environment Court Act 1979 s 20(2) Liverpool Local Environment Plan 2008 Local Government Act 1993 s 49 Real Property Act 1900 Cases Cited: ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67 Associated Minerals Consolidated Ltd v Wyong Shire Council (1974) 29 LGRA 323 Botany Bay City Council v Saab Corp Pty Ltd [2011] NSWCA 308 Chanrich Properties Pty Ltd v Baulkham Hills Shire Council [2001] NSWSC 229 R & R Fazzolari Pty Ltd v Parramatta City Council [2009] HCA 12, 237 CLR 603 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181 Category: Principal judgment Parties: Liverpool City Council (Applicant)
Main Homes Pty Ltd (formerly known as Cosmopolitan Homes (NSW) Pty Ltd (First Respondent) Cosmopolitan Homes (No 2) Pty Ltd (Second Respondent) Cosmopolitan Homes (No 3) Pty Ltd (Third Respondent) Cosmopolitan Homes (No 4) Pty Ltd (Fourth Respondent) Cosmopolitan Homes Sylvania Pty Ltd (Fifth Respondent) Cosmopolitan Homes Sylvania (No 2) Pty Ltd (Sixth Respondent) Registrar-General of NSW (Seventh Respondent) Representation: Mr J Ayling SC (Applicant) Mr P McEwen SC and Mr S Nash (First - Sixth Respondents) Sparke Helmore (Applicant) Stojanovic Solicitors (First - Sixth Respondents) Land and Property Management Authority (Seventh Respondent, submitting appearance) File Number(s): 40702 of 2010
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