Michael Davies Associates Pty Ltd v South Sydney Municipal Council

[1989] NSWLEC 179

Land and Environment Court

of New South Wales

CITATION:	Michael Davies Associates Pty Ltd & Anor v South Sydney Municipal Council [1989] NSWLEC 179
PARTIES:	APPLICANT Michael Davies Associates Pty Ltd RESPONDENT South Sydney Municipal Council
FILE NUMBER(S):	10284 of 1985
CORAM:	Stein J
KEY ISSUES:	:-
LEGISLATION CITED:	Environmental Planning And Assessment Act
CASES CITED:
DATES OF HEARING:
DATE OF JUDGMENT:	04/17/1989
LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This matter concerns an application to modify a consent under s.102 of the Environmental Planning and Assessment Act. It was heard immediately following No. 40094 of 1989, in respect of which I have just published my Judgment. Since I have held in the Class 4 proceeding that the purported extension of the consent by the City Commissioners, (which consent is now sought to be modified), is a nullity and that the subject consent lapsed on 2 January 1988, the modification application must necessarily fail.

In these circumstances there is no point in me considering the merits of the s.102 application and I decline to do so. The application is dismissed with each party to bear its own costs. The exhibits may be returned.