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Forte Construction Group Pty Ltd v Inner West Council

Forte Construction Group Pty Ltd v Inner West Council

Case [2018] NSWLEC 1400

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AGLC: Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400
Case: [2018] NSWLEC 1400
Decision Date: 03 August 2018

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Orders

Orders of the court

The Court orders that:

(1) The appeal is dismissed.

(2) The exhibits are returned.

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Citations

Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400

Most Recent Citation

Twynam Investments Pty Ltd v Goulburn Mulwaree Council [2021] NSWLEC 7

Cases Citing This Decision

The Trustees of the Roman Catholic Church for the Diocese of Broken Bay v Willoughby City Council [2024] NSWLEC 1010
Citation 1 (Para 18)

…f the Council in determining whether to issue the IHO. I concur with the reasoning of Gray C in Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400 at [20] that the Court’s power permits it to exercise the discretion conferred at s 25(2) of the Heritage Act, but that discretion is subject to the…
Belle Living Pty Ltd v Randwick City Council [2023] NSWLEC 1282
Citation 2 (Para 45)

…I agree with the reasoning of Gray C in Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400 at [23] that the use of the word “or” makes it clear that there are two alternate states of satisfaction, at least one of which must be reached in order to satisfy section (1)(b)(i) of schedule 2 of the Mi…
Holt Avenue Cremorne Pty Ltd v North Sydney Council [2022] NSWLEC 1428
Citation 3 (Para 29)

…As summarised by Commissioner Gray in Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400, at [26]-[28], the Court has consistently approached the threshold test at what is now Sch 2(1)(b)(i) of the Ministers Authorisation as permutations of questions expressed by Gray as follows:…
Twynam Investments Pty Ltd v Goulburn Mulwaree Council [2021] NSWLEC 7
Citation 4 (Para 42)

…The second of the decisions to which Ms Hammond took me was a decision of Gray C in Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400. The paragraphs of the Commissioner's decision relevant to the submissions advanced by Ms Hammond were [7] and [17] to [20]. These paragraphs were in the followi…

Cases Cited

Statutory Material Cited

Johns v Australian Securities Commission [1993] HCA 56
Citation 1 (Para 14)

…Forte Group submits that this broader power of the Court is supported by the authority of the Court of Appeal in McDougall v Warringah Shire Council (1993) 30 NSWLR 258; in which Kirby P considered the scope of s 39 of the LEC Act and said (at 266):…
Li v Willoughby City Council [2018] NSWLEC 1262
Citation 2 (Para 28)

…nce. Dickson C reached the same view in Alexandra Kelly v North Sydney Council [2017] NSWLEC 1546, as did O’Neill C in Li v Willoughby City Council [2018] NSWLEC 1262. However, in Anagnostou and ors v Canterbury Bankstown Council , the experts agreed and O’Neill C considered that the buildings were not of local herit…
Alexandra Kelly v North Sydney Council [2017] NSWLEC 1546
Citation 3 (Para 28)

…, the building was likely to be found to be of local heritage significance. Dickson C reached the same view in Alexandra Kelly v North Sydney Council [2017] NSWLEC 1546, as did O’Neill C in Li v Willoughby City Council [2018] NSWLEC 1262. However, in Anagnostou and ors v Canterbury Bankstown Council , the experts agr…
Anagnostou v Canterbury Bankstown Council [2017] NSWLEC 1320
Citation 4 (Para 26)

…ng whether the heritage significance is sufficient to warrant local heritage listing (see Anagnostou and ors v Canterbury Bankstown Council [2017] NSWLEC 1320 at [24-27], Strebora Pty Ltd v Randwick City Council [2017] NSWLEC 1204 at [6], and El-Hage Construction Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1470 at [2…
Strebora Pty Ltd v Randwick City Council [2017] NSWLEC 1204
Citation 5 (Para 26)

…tage listing (see Anagnostou and ors v Canterbury Bankstown Council [2017] NSWLEC 1320 at [24-27], Strebora Pty Ltd v Randwick City Council [2017] NSWLEC 1204 at [6], and El-Hage Construction Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1470 at [24]).…
El-Hage Construction Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1470
Citation 6 (Para 26)

…1320 at [24-27], Strebora Pty Ltd v Randwick City Council [2017] NSWLEC 1204 at [6], and El-Hage Construction Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1470 at [24]).…
Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 5) [2012] NSWLEC 53
Citation 7 (Para 15)

…In Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 5) [2012] NSWLEC 53, Preston CJ considered whether the Court’s power on an appeal concerning a development application extended to giving approval under the Roads Act 1993 . He found that it did, and stated at [13] that:…
Byron Ventilink Pty Limited v Byron Shire Council [2005] NSWLEC 395
Citation 8 (Para 8)

…In support of its position, the Council relies on the decision of Pain J in Byron Ventilink Pty Limited v Byron Shire Council (2005) 142 LGERA 215; [2005] NSWLEC 395. At [56], Her Honour expressed the role of the Court on an appeal under s 30 of the Heritage Act as follows:…

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