Botany Bay City Council v Saab Corp Pty Ltd
[2012] HCASL 77
BOTANY BAY CITY COUNCIL
v
SAAB CORP PTY LTD & ORS
[2012] HCASL 77
S350/2011
The applicant Council granted a development consent for the construction of some flats. One condition of the consent was, relevantly, that existing above ground electrical and telecommunication cables be replaced by underground cables.
Ralansaab Pty Limited was controlled by the members of the Saab family who are the fourth, fifth and sixth respondents and Mr William O'Dwyer, the third respondent. Ralansaab bought the land the subject of the development consent. Saab Corp Pty Ltd (a company owned and operated by, and for the benefit of, the Saab family) carried out the development. The condition requiring relocation of cables was not fulfilled.
The applicant sued Ralansaab, Saab Corp, the owners corporation of the development (the second respondent) and the personal respondents in the Land and Environment Court of New South Wales seeking declarations that the respondents breached the condition about relocating cables and orders that they comply with that condition. Proceedings against Ralansaab were discontinued when it went into liquidation.
The primary judge (Sheahan J) dismissed the application. On the applicant's appeal to the Court of Appeal, that Court (Basten and Macfarlan JJA and Tobias AJA) made orders against Saab Corp (by then also in liquidation) and the owners corporation but dismissed the claims against the personal respondents.
The applicant now seeks special leave to appeal to this Court.
No reason is shown to doubt the correctness of the conclusion reached by the Court of Appeal that the personal respondents had not carried out the development. This would not be a convenient vehicle for consideration of the points of general application which the applicant seeks to raise.
Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
K.M. Hayne
10 May 2012S.M. Crennan
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