Connell v Pittwater Council [2014] NSWLEC 1067

Land and Environment Court New South Wales

Medium Neutral Citation: Connell v Pittwater Council [2014] NSWLEC 1067 Hearing dates: 1 April 2014 Decision date: 15 April 2014 Jurisdiction: Class 2 Before: Pearson C Decision: 1.The appeal is upheld. 2. Directions NOT0192/13 issued under s 23 of the Swimming Pools Act 1992 to Mr John Connell and Mrs Pamela Connell on 12 September 2013 are revoked. 3. The exhibits are returned except for exhibit 1. Catchwords: SWIMMING POOLS - Appeal against Direction - Door handle - Whether a foothold Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Act 1979 Local Government Act 1919 Local Government Act 1993 Swimming Pools Act 1992 Swimming Pools Regulation 1998 Swimming Pools Regulation 2008 Cases Cited: Australian Education Union v Department of Education and Children's Services [2012] HCA 3 Handley v Pittwater Council [2010] NSWLEC 1335 House Of Peace Pty Ltd & Anor v Bankstown City Council [2000] NSWCA 44 Medway v Pittwater Council [2013] NSWLEC 1006 Wilson v State Rail Authority of New South Wales [2010] NSWCA 198 Texts Cited: AS 1926-1986 Fences and Gates for Private Swimming Pools AS 1926.1-2007 Swimming Pool Safety Part 1: Safety Barriers for swimming pools AS 1926.1-2012 Swimming Pool Safety Part 1: Safety barriers for swimming pools Category: Principal judgment Parties: John Connell (First Applicant) Pamela Connell (Second Applicant) Pittwater Council (Respondent) Representation: Ms F Berglund (Applicants) Ms N Zerial (Respondent) Ms R Dawes, King & Wood Mallesons (Respondent) File Number(s): 20782 of 2013