Refalo v Liverpool City Council

[2025] NSWLEC 1280

Land and Environment Court

New South Wales

Medium Neutral Citation:

Refalo v Liverpool City Council [2025] NSWLEC 1280

Hearing dates:

1-2 April 2025

Date of orders:

2 April 2025

Decision date:

02 April 2025

Jurisdiction:

Class 1

Before:

Gray C

Decision:

In both 2024/163113 and 2024/163114:

(1) The Court notes that Council has revoked the orders the subject of the proceedings.

(2) The proceedings are dismissed.

Catchwords:

APPEAL – development control orders – both orders revoked by the Council – the subject matter of each appeal has been lost – signed consent orders – proceedings dismissed

Category:

Principal judgment

Parties:

David Refalo (First Applicant)
Jannie Refalo (Second Applicant)
Liverpool City Council (Respondent)

Representation:

Counsel:
A Stafford (Applicant)
M Harker (Respondent)

Solicitors:
Beatty Legal Pty Ltd (Applicant)
Liverpool City Council (Respondent)

File Number(s):

2024/163113; 2024/163114

Publication restriction:

Nil

EXTEMPORANEOUS Judgment

1. COMMISSIONER: These two appeal proceedings are appeals against two separate development control orders issued by Liverpool City Council (the Council) on 4 April 2024. The first, proceedings number 2024/163113, concerned an appeal against a development control order for stop use and demolish works at 65 Brenda Avenue, Kemps Creek. The second, proceedings number 2024/163114, concerned an appeal against a development control order for stop use and demolish works at 90 Racemosa Close, Kemps Creek.

2. The Council has now revoked each of those development control orders. As a result, the subject matter in relation to each appeal has been lost and it is appropriate for me to make orders in accordance with the consent orders that the parties have handed up.

Orders

3. In both 2024/163113 and 2024/163114:

1. The Court notes that Council has revoked the orders the subject of the proceedings.

2. The proceedings are dismissed.

J Gray

Commissioner of the Court

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Decision last updated: 29 April 2025