NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Inner West Council v Kontellis [2017] NSWLEC 57 Hearing dates: 17 October 2016 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Class 4 Before: Sheahan J Decision: See Declarations and Orders in [141] Catchwords: CIVIL ENFORCEMENT: Council enforcing requirements of a development consent, and compliance with a statutory order – interaction of planning and dividing fences legislation – discretion – orders made, as sought – costs. Legislation Cited: Dividing Fences Act 1991 Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Conomos v Chryssochoides (unreported, 29 October 1997, matter No 40269 of 1996) Miller v Evans [2010] WASC 127 Rothwell Boys Pty Ltd v Coffs Harbour City Council [2012] NSWLEC 19 Category: Principal judgment Parties: Inner West Council (Applicant) Marika Kontellis (First Respondent) Dimitrios Poulikakos (Second Respondent) Representation: Counsel: Mr M Arch, solicitor (Applicant) Mr A Fernon, barrister (First and Second Respondents)
Solicitors: Concordia Pacific (Applicant) Not applicable (First and Second Respondents) File Number(s): 2016/154186
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