Mosman M.C. -V- Sahade [1999] NSWLEC 44

Mosman M.C. -V- Sahade [1999] NSWLEC 44

In the absence of evidence to the contrary and considering the uncontested evidence and s 697 of the Local Government Act, the respondent is responsible for operating the car wash and café in breach of the stated development consent and building approval conditions. The Council is entitled to the orders sought, including declarations, restraining orders and costs.

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Application for Declarations and Restraining Orders / Judgment
Outcome
Orders made for declarations, restraining orders, remedial steps, and costs awarded to applicant
Legal Topics
['development Consent Breach' 'building Approval Breach' 'admissibility of Evidence' 'illegally Obtained Evidence' 'onus Relating to Evidence' 'failure to Call Evidence']
['planning and Environment Law' 'local Government Law' 'evidence Law'] ['development Consent Breach' 'building Approval Breach' 'admissibility of Evidence' 'illegally Obtained Evidence' 'onus Relating to Evidence' 'failure to Call Evidence']

Case Brief

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Procedural Posture

Application for Declarations and Restraining Orders / Judgment

Legal Issues

  1. 1 ['Whether the respondent is operating or permitting a car wash and café in breach of development consent and building approval conditions' 'Whether evidence admitted was obtained illegally and whether the onus for exclusion was discharged' 'Whether respondent is responsible as owner in absence of evidence to the contrary' "Consequences of respondent's failure to give evidence"]

Ratio Decidendi

In the absence of evidence to the contrary and considering the uncontested evidence and s 697 of the Local Government Act, the respondent is responsible for operating the car wash and café in breach of the stated development consent and building approval conditions. The Council is entitled to the orders sought, including declarations, restraining orders and costs.

Court Disposition

Orders made for declarations, restraining orders, remedial steps, and costs awarded to applicant

Orders

  • ['Declaration that respondent is operating or permitting a car wash and café at 612 Military Road Mosman in breach of development consent No. 392/96 as to conditions 1, 2(i), 10, 21, 22 and 27.' 'Declaration that respondent is operating or permitting a car wash and café in breach of building approval No. 269/97 as...