NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Armidale Dumaresq Council v Vorhauer (No 3) [2014] NSWLEC 50 Hearing dates: 4 February, 13 February (further written submissions), 4 March (further written submissions), 11 April, 15 April (further written submissions), 16 April 2014. Decision date: 30 April 2014 Jurisdiction: Class 4 Before: Pepper J Decision: Applicant's notice of motion dismissed. Applicant to pay respondent's costs. The exhibits are to be returned. Catchwords: CIVIL ENFORCEMENT: orders sought to remove unlawful items from property - power of Court to order removal - scope of liberty to apply - substituted performance order - whether third party a necessary party to be joined - whether failure to join third party fatal to application - application dismissed. Legislation Cited: Civil Procedure Act 2005, s 56
Environmental Planning and Assessment Act 1979, s 123
Interpretation Act 1987, s 21
Local Government Act, s 220
Uniform Civil Procedure Rules 2005, rr 7.1, 40.8
The Constitution, cl 5 and ss 51(xxxi), 71, 76, 108, 114 Cases Cited: Armidale Dumaresq Council v Vorhauer [2012] NSWLEC 154
Armidale Dumaresq Council v Vorhauer (No 2) [2014] NSWLEC 7
Australian Hardboards Ltd v Hudson Investment Group Ltd [2007] NSWCA 104; (2007) 70 NSWLR 201
Coco v The Queen [1994] HCA 15; (1994) 179 CLR 427
Eurobodalla Shire Council v Gerondal (No 3) [2012] NSWLEC 46
Palerang Council v Banfield (No 2) [2012] NSWLEC 158
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