Hunters Hill Council v Colosi and Others [2003] NSWLEC 278

Hunters Hill Council v Colosi and Others [2003] NSWLEC 278

The council established, on uncontradicted evidence, that the works were carried out otherwise than in accordance with the development consent, and the respondents, although aware of the proceedings and relief sought, did not appear or provide evidence justifying refusal or postponement of the orders.

Jurisdiction
Australia
Judgment Date
22 September 2003
Procedural Posture
Class 4 Application / Ex Tempore Judgment After Hearing With No Appearance by Respondents
Outcome
Application granted; declaration and orders made notwithstanding the respondents' non-appearance.
Legal Topics
['development Consent' 'building Works Contrary to Approved Plans' 'declarations and Orders' 'non Appearance by Respondents']
['planning and Environment Law'] ['development Consent' 'building Works Contrary to Approved Plans' 'declarations and Orders' 'non Appearance by Respondents']

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Procedural Posture

Class 4 Application / Ex Tempore Judgment After Hearing With No Appearance by Respondents

Legal Issues

  1. 1 ['Whether building works at the rear of No. 255 Victoria Road, Gladesville were carried out otherwise than in accordance with the development consent communicated on 18 January 2000.' "Whether declarations and orders should be made notwithstanding the respondents' non-appearance."]

Ratio Decidendi

The council established, on uncontradicted evidence, that the works were carried out otherwise than in accordance with the development consent, and the respondents, although aware of the proceedings and relief sought, did not appear or provide evidence justifying refusal or postponement of the orders.

Court Disposition

Application granted; declaration and orders made notwithstanding the respondents' non-appearance.

Orders

  • ['The declaration in paragraph one of the class 4 application is made.' 'Order one in the class 4 application is made.' 'Order two, sub-order one, in the application is made except for the word "windows".' 'Order two, sub-order two, is made in the form applied for notwithstanding the letter dated 19 September 2003...