Reported Decision: 103 LGERA 285
Land and Environment Court
of New South Wales
CITATION:
Ireland v. Cessnock City Council [1999] NSWLEC 153
PARTIES
APPLICANTS:
IrelandRESPONDENT:
Cessnock City Council
NUMBER:
10170 of 1999
CORAM:
Bignold J
KEY ISSUES:
Practice & Procedure; Question of Law :- In earlier proceedings, Court granted mandatory injunction - effect on present proceedings? No Res Judicata.
Can a building certificate be issued where there is an existing demolition order in force?
LEGISLATION CITED:
Environmental Planning and Assessment Act 1979, s 149D, s 149E, s 149F
DATES OF HEARING:
06/17/1999
DATE OF JUDGMENT DELIVERY:
06/30/1999
LEGAL REPRESENTATIVES:
RESPONDENT:
APPLICANTS:
Mr G. Newport, Barrister
SOLICITORS:
Lorton Duke
Mr J.B. Blackman, Barrister
SOLICITORS:
Cleaves Mallik & Gibbs
JUDGMENT:
TABLE OF CONTENTS
A. INTRODUCTION 1-3
B. THE RELEVANT FACTS 4-6
C. THE QUESTIONS OF LAW RAISED IN RESPECT OF THE BUILDING CERTIFICATE APPEAL 7.
D. THE STATUTORY PROVISIONS RELATING TO BUILDING CERTIFICATES 8-13
E. THE COMPETING ARGUMENTS ON THE BUILDING CERTIFICATE APPEAL 14-17
F. THE PRESENT PROCEEDINGS (BEING THE BUILDING CERTIFICATE APPEAL) ARE NOT BARRED 18-38
G. THE POWER TO ISSUE A BUILDING CERTIFICATE IN RESPECT
OF A BUILDING, THE SUBJECT OF A SUBSISTING DEMOLITION
ORDER 39-68
H. DETERMINATION OF THE QUESTIONS OFLAW IN THE BUILDING CERTIFICATE APPEAL 69.
QUESTIONS OF LAW RAISED IN THE DEVELOPMENT
APPEAL 70-104
J. CONCLUSIONS 105.
IN THE LAND AND Matters Nos. 10170 and 20033 of 1999
ENVIRONMENT COURT OF Coram: Bignold J.
NEW SOUTH WALES 30 June 1999
P.C. AND P. IRELAND
Applicants
v.
CESSNOCK CITY COUNCIL
Respondent
JUDGMENT
Bignold J:
A. INTRODUCTION
1. In these two related proceedings (being respectively (i) an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (the EP&A Act) and (ii) an appeal pursuant to s 149F of that Act in respect of (i) the Council’s deemed refusal of a development application for the use of a building erected on lot 1 Deposited Plan 819282, comprising some 15 hectares situate at Pokolbin; and (ii) the Council’s refusal to issue a building certificate in respect of the same building) the Council has raised for determination by the Court a number of preliminary questions of law in both proceedings.
2. The parties jointly seek my determination of the questions of law and upon publication of my reasons for determination, ask me to adjourn the proceedings for future consideration of the merits of the respective appeals (in the event that the Court determines that the appeals are competent and are legally capable of yielding the relief claimed by the Applicants, being an outcome that the Council contends is not legally available).
3. By consent, the proceedings were heard together and the parties have asked the Court to first determine the questions of law raised by the Council in respect of the building certificate appeal (which was the principal focus of the hearing)and thereafter to determine the questions of law raised by the Council in respect of the development appeal.
B. THE RELEVANT FACTS
4. The facts relevant…
Keep reading for free
Create a free CaseChat account to read Ireland v Cessnock City Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [1999] NSWLEC 153
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.