NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Burwood Council v Lilli [2020] NSWLEC 15 Hearing dates: 2 March 2020 Date of orders: 02 March 2020 Decision date: 02 March 2020 Jurisdiction: Class 4 Before: Pain J Decision: See [11] of judgment Catchwords: JUDICIAL REVIEW – exercise of discretion to declare interim occupation certificate invalid due to absence of power to issue it and fraudulent circumstances in issuing it Legislation Cited: Environmental Planning and Assessment Act 1979 s 6.51 Cases Cited: Chambers v Maclean Shire Council (2003) 57 NSWLR 152; [2003] NSWCA 100 Inner West Council v Balmain Rentals Pty Ltd [2019] NSWLEC 24 Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365; [2006] FCAFC 142 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189; [2007] HCA 35 Category: Principal judgment Parties: Burwood Council (Applicant) Valerio Pietro Lilli (First Respondent) Mondan Management P/L t/as Vic Lilli and Partners (Second Respondent) CVA Apartments Pty Ltd (Third Respondent) Marsden Hotel Burwood Pty Limited t/as Marsden Hotel Burwood (Fourth Respondent) Representation: COUNSEL: R White (Applicant) J Lazarus SC (First and Second Respondents) M Sonter, solicitor (Third and Fourth Respondents)
SOLICITORS: Houston Dearn O'Connor (Applicant) Project Lawyers (First and Second Respondents) Mills Oakley (Third and Fourth Respondents) File Number(s): 20/31966
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