Ross v Lane Cove Council [2014] NSWCA 50

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ross v Lane Cove Council [2014] NSWCA 50 Hearing dates: 20 February 2014 Decision date: 13 March 2014 Before: Meagher JA at [1]; Leeming JA at [2]; Tobias AJA at [86] Decision: 1. Extend the time within which to appeal. 2. Appeal allowed. 3. Set aside the orders made on 14 June 2013. 4. Remit the proceeding to the Land and Environment Court for determination in accordance with law. 5. Otherwise dismiss the notices of motion filed 3 December 2013 and 13 February 2014. 6. No order as to the costs of the notices of motion or of the appeal, with the intent that the parties bear their own costs of those motions and the appeal. [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: LAND AND ENVIRONMENT COURT - enforcement of planning laws - injunction to demolish unauthorised works and reinstate property - whether necessary to join new registered owner - whether order conditional upon new owner's consent - whether new owner should be joined so as to be bound by order - whether sufficient to notify new owner - new owner directly affected and should have been joined - Environmental Planning and Assessment Act 1979 (NSW) s 76A