NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Leichhardt Municipal Council v Gemser Holdings Pty Ltd [2014] NSWLEC 161 Hearing dates: 2 October 2014 Decision date: 02 October 2014 Jurisdiction: Class 4 Before: Pepper J Decision: See at [54]. Catchwords: CIVIL ENFORCEMENT: whether failure to carry out development in accordance with development consent - whether final injunctive relief should be granted by the Court - applicable legal principles - injunction ordered. Legislation Cited: Civil Procedure Act 2005, s 98
Environmental Planning and Assessment Act 1979, ss 76A, 121H, 124
Local Government Act 1993, ss 124, 125
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, cls 2.20A, 2.20B
Leichhardt Local Environmental Plan 2000, cls 18, 23 Cases Cited: ACR Trading Pty Ltd v Fat-Sel Pty Limited (1987) 11 NSWLR 67
Director-General, Department of Environment, Climate Change and Water v Venn [2011] NSWLEC 118
F Hannan Pty Ltd v Electricity Commission of New South Wales (No 3) (1985) 66 LGRA 306
Hoxton Park Residents Action Group Inc v Liverpool City Council (No 3) [2012] NSWLEC 43; (2012) 190 LGERA 119
Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Leichhardt Municipal Council (Applicant) Gemser Holdings Pty Ltd (First Respondent) Sonja Walsh (Second Respondent) Representation: Mr J Thompson (Solicitor) (Applicant) N/A (Respondents) Ritchie and Castellan Solicitors (Applicant) N/A (Respondents) File Number(s): 40754 of 2013
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate