Nikolaidis v Northern Beaches Council [2017] NSWLEC 1439

Land and Environment Court New South Wales

Medium Neutral Citation: Nikolaidis v Northern Beaches Council [2017] NSWLEC 1439 Hearing dates: 21, 22 March 2017 and agreed preliminary questions filed on 31 March 2017 Date of orders: 15 August 2017 Decision date: 15 August 2017 Jurisdiction: Class 2 Before: Dixon C Decision: The Court orders: (1) The Direction proceedings matter number 2016/159227 are dismissed. (2) The Exemption proceedings matter number 2016/373497 are dismissed. (3) The Exhibits are returned except Exhibit 1. Catchwords: APPEAL - swimming pool on waterfront property containing residential buildings – whether a child resistant barrier is required between the residential buildings and the swimming pool – application for exemption Legislation Cited: Swimming Pool Act 1992 Swimming Pool Regulations 2008 Swimming Pool Regulations 1998 Cases Cited: Medway v Pittwater Council [2014] NSWLEC 1006; Lismore City Council v Hamshaw [2013] NSWLEC 204 Wilson v State Rail Authority of New South Wales (2010) 78 NSWLR 704; [2010] NSWCA 198 Motorcycling Events Group Australia Pty Ltd v Kelly (2013) 86 NSWLR 55; [2013] NSWCA 361 Farnell Electronic Components Pty Ltd v Collector of Customs (1996) 142 ALR 322; (1996) 72 FCR 125 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638 R v Young [1999] NSWCCA 166; 46 NSWLR 681 Texts Cited: Nil Category: Principal judgment Parties: Leon Nikolaidis (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Mr J Svehla (Applicants) Mr L Waterson (Respondent)