Bocce Pty Ltd v Woollahra Municipal Council (No 2)

The case of Bocce Pty Ltd v Woollahra Municipal Council (No 2) involved the plaintiff, Bocce Pty Ltd, which sought a declaration that the council's decision to revoke an existing development approval for a commercial building was invalid. The dispute arose from the council's contention that Bocce had failed to comply with certain conditions attached to the original approval. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the council's decision to revoke the development approval was lawful. Bocce argued that the council's decision was invalid because it was not supported by proper reasons and was not in accordance with the statutory framework governing development approvals. The council, on the other hand, contended that Bocce's failure to comply with the conditions attached to the approval provided a valid basis for revoking the approval.

The court considered the relevant statutory provisions and the principles of administrative law in determining the validity of the council's decision. It found that the council's decision to revoke the approval was not supported by proper reasons and was therefore invalid. The court held that Bocce had established a prima facie case for the relief sought, and the council had failed to discharge the onus of establishing the validity of its decision. The court also found that Bocce's failure to comply with the conditions did not provide a valid basis for revoking the approval, as the council had not provided Bocce with an opportunity to remedy the non-compliance before revoking the approval.