Murrie v Ku-ring-gai Council (No 2) [2009] NSWLEC 1348

Murrie v Ku-ring-gai Council (No 2) [2009] NSWLEC 1348

The Court modified order 2(iii) because the requested extension was supported by consent orders, arose from unforeseen practical delays, neighbours had been notified and expressed no concerns, and there was no dispute requiring determination.

Jurisdiction
Australia
Judgment Date
24 September 2009
Procedural Posture
Modification Application Concerning a Demolition Order / Ex Tempore Judgment on Consent Orders
Outcome
Order 2(iii) in proceedings No 10486 of 2008 modified by consent.
Legal Topics
['modification of Demolition Order' 'retaining Wall' 'extension of Time' 'certificate of Structural Adequacy']
['planning and Environment' 'local Government'] ['modification of Demolition Order' 'retaining Wall' 'extension of Time' 'certificate of Structural Adequacy']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Modification Application Concerning a Demolition Order / Ex Tempore Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether order 2(iii) in proceedings No 10486 of 2008 should be modified to extend the time for completion of works and provision of a certificate of structural adequacy to 3 December 2009.']

Ratio Decidendi

The Court modified order 2(iii) because the requested extension was supported by consent orders, arose from unforeseen practical delays, neighbours had been notified and expressed no concerns, and there was no dispute requiring determination.

Court Disposition

Order 2(iii) in proceedings No 10486 of 2008 modified by consent.

Orders

  • ['Order 2 (iii) in proceedings No 10486 of 2008 is modified as follows: "All works referred to above are to be completed and a certificate of structural adequacy is to be provided to Ku-ring-gai Municipal Council on or before 3 December 2009."']