Li v Willoughby City Council

The appellants, Li and another, sought judicial review of decisions made by the Willoughby City Council, the first respondent, concerning a property at 9 Centennial Avenue, Willoughby. The respondents, including the Council and two others, argued against the appeal, which was heard in the Land and Environment Court of New South Wales. The appellants contested the validity of two emergency orders and an Interim Heritage Order made by the Council regarding the property. They argued that these orders were invalid due to procedural errors and that the Council failed to consider relevant information.

The court had to determine if the Council's decisions were lawful and if the appellants had standing to bring the appeal. It also considered whether the orders were made in compliance with the statutory requirements and if the Council's failure to consider certain information constituted a breach of natural justice. The court found that the appellants did have standing to bring the appeal and that the emergency orders were indeed invalid due to procedural errors. The court concluded that the failure to consider the appellants' submissions constituted a breach of natural justice.

The appeals were upheld, and the Interim Heritage Order was amended to apply to the curtilage of the dwelling house, excluding the separate garage structure. The court found that the emergency orders had been sufficiently complied with, and the exhibits were returned, except for certain documents. The court's decision provided clarity on the procedural requirements for making emergency orders and the importance of considering relevant information when making decisions that affect property owners.