Council of the City of Ryde v Sally Haddad executor of the estate of the late Jim Haddad [2017] NSWLEC 70

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the City of Ryde v Sally Haddad executor of the estate of the late Jim Haddad [2017] NSWLEC 70 Hearing dates: 15 and 27 March 2017 Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Class 1 Before: Sheahan J Decision: Appeal dismissed. See paragraph [66] Catchwords: APPEAL – s 56A appeal in relation to Commissioner's decision – existing use rights – business premises prohibited in the zone – whether existing use was for a "medical centre" or "business premises" – conversion – key principles for determination of s 56A appeals – characterisation of use of land – jurisdictional fact – no error on question of law in Commissioner's decision – appeal dismissed –costs. Legislation Cited: Dentists Act 1934 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Ryde Local Environmental Plan 2010 Ryde Local Environmental Plan 2014 Standard Instrument (Local Environmental Plans) Order 2006) Cases Cited: Botany Bay City Council v Botany Development Pty Ltd (No 2) [2015] NSWLEC 55 Botany Bay City Council v Workmate Abrasives Pty Ltd (2004) 138 LGERA 120 Dranichnikov v Minister for Immigration and Multicultural & Indigenous Affairs (2003) 77 ALJR 1088; 197 ALR 389; [2003] HCA 26 Haddad v Council of the City of Ryde [2016] NSWLEC 1386 Roads & Traffic Authority of New South Wales v Peak [2007] NSWCA 66 R v Scarlett; ex parte McMillan (1972) 20 FLR 349 Tanious v Georges River Council [2016] NSWLEC 142 Trives v Hornsby Shire Council (2015) 89 NSWLR 268; [2015] NSWCA 158 Woolworths Ltd v Pallas Newco Pty Ltd & Anor (2004) 61 NSWLR 707 Texts Cited: DC Pearce and RS Geddes, "Statutory Interpretation in Australia", 6th ed 2006, at [12.3] Category: Principal judgment Parties: Council of the City of Ryde (Appellant) Sally Haddad executor of the estate of the late Jim Haddad (Respondent) Representation: Counsel: Ms A Pearman, barrister, with Mr D Beaufils, barrister (Appellant) Ms Sarah Haddad, barrister (Respondent)