Lane Cove Council v Chami (No 4) [2014] NSWLEC 89

Lane Cove Council v Chami (No 4) [2014] NSWLEC 89

In light of the evidence that Council officers had attempted to inspect the Premises, were refused entry by the respondent, and that the Council needed to serve a notice of motion seeking access-related interlocutory relief, it was appropriate to grant leave for substituted service in the specified manner.

Jurisdiction
Australia
Judgment Date
30 June 2014
Procedural Posture
Class 4 Proceedings / Ex Parte Interlocutory Application for Orders for Substituted Service
Outcome
Orders for substituted service made; remainder of the motion listed before the Registrar.
Legal Topics
['substituted Service' 'ex Parte Application' 'unauthorised Works' 'power of Entry']
['practice and Procedure' 'environmental Planning and Assessment'] ['substituted Service' 'ex Parte Application' 'unauthorised Works' 'power of Entry']

Case Brief

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Procedural Posture

Class 4 Proceedings / Ex Parte Interlocutory Application for Orders for Substituted Service

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to serve the notice of motion filed on 30 June 2014 and supporting affidavit on the respondent by substituted service.']

Ratio Decidendi

In light of the evidence that Council officers had attempted to inspect the Premises, were refused entry by the respondent, and that the Council needed to serve a notice of motion seeking access-related interlocutory relief, it was appropriate to grant leave for substituted service in the specified manner.

Court Disposition

Orders for substituted service made; remainder of the motion listed before the Registrar.

Orders

  • ['The Court grants leave to the applicant to serve a copy of the notice of motion filed on 30 June 2014, the affidavit of Adrian Moore sworn on 27 June 2014 and these orders on the respondent by placing a sealed copy of the abovementioned notice of motion and affidavit in a clear plastic envelope and affixing same...