NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Fairfield City Council v Thuy Thanh Truc Nguyen [2018] NSWLEC 113 Hearing dates: 12, 13, 31 July 2018 Date of orders: 02 August 2018 Decision date: 02 August 2018 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [66] Catchwords: CIVIL ENFORCEMENT – erection of secondary dwellings without development consent – matter heard ex parte – suspected use of the dwellings for residential accommodation by unknown persons – where orders may have the effect of making residents homeless – orders to remedy and restrain breaches
COSTS – costs of proceedings sought – specific sum sought by reference to affidavit – whether appropriate to award costs in a specified sum Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) ss 4.2, 9.45, 9.46 Fairfield Local Environmental Plan 2013 Land and Environment Court Act 1979 (NSW) s 20(1) Protection of Environment Operations (Waste) Regulation 2014 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Fairfield City Council (Applicant) Thuy Thanh Truc Nguyen (Respondent) Representation: Counsel: AJJ Thompson, solicitor (Applicant) No appearance (Respondent)
Solicitors: Ritchie & Castellan Solicitors (Applicant) No appearance (Respondent) File Number(s): 2017/00381570
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