SUTHERLAND SHIRE COUNCIL v BLUEWATER DISTRICT SERVICES PTY LTD [1997] NSWCA 301

SUTHERLAND SHIRE COUNCIL v BLUEWATER DISTRICT SERVICES PTY LTD [1997] NSWCA 301

Parties
Claimant: Sutherland Shire Council; Respondent: Bluewater District Services Pty Ltd
Jurisdiction
Australia
Judgment Date
10 November 1997
Procedural Posture
Summons / Leave to Appeal Granted, Limited Question Identified
Outcome
Leave to appeal granted, limited to identified question

Case Brief

Summary, issues, holding and outcome

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Parties

Sutherland Shire Council

Claimant

Bluewater District Services Pty Ltd

Respondent

Procedural Posture

Summons / Leave to Appeal Granted, Limited Question Identified

Legal Issues

  1. 1 Whether, in the circumstances of these proceedings, the owner's consent (Body Corporate) was required under s77 of the Act before consent could be granted

Court Disposition

Leave to appeal granted, limited to identified question

Orders

  • Claimant has leave to appeal from the order made by Sheehan J on 25 September 1997, limited to the question identified
  • Costs of the application are costs in the appeal