NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Marion McDowell and Associates Pty Ltd v Georges River Council [2018] NSWLEC 1109 Hearing dates: 02 March 2018 Date of orders: 02 March 2018 Decision date: 02 March 2018 Jurisdiction: Class 1 Before: Gray C Decision: See [40] Catchwords: APPEAL – building information certificate – transitional regulations concerning building certificates - consent orders - nominal development application – structural adequacy – fire safety – Sydney Water approval required - stormwater drainage – orders made by consent Legislation Cited: Environmental Planning and Assessment Act 1979 Div 6.7, s 8.25 Environmental Planning and Assessment Regulations 2000 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 cl 4A, 14, 18 Hurstville Local Environmental Plan 2012 Interpretation Act 1987 ss 33, 34 Cases Cited: Marion McDowell and Associates Pty Ltd v Georges River Council [2017] NSWLEC 1293 Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Category: Principal judgment Parties: Marion McDowell and Associates Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) Mr C Zoppo, Solicitor (Respondent)
Solicitors: Burrell Solicitors (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/294745 Publication restriction: No
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