Mosman Municipal Council v Sahade (No. 2) [1999] NSWLEC 201

Mosman Municipal Council v Sahade (No. 2) [1999] NSWLEC 201

The evidence implicates the respondent sufficiently so that, in light of s 697 of the Local Government Act 1993, the applicant need not formally prove ownership or occupation until evidence is provided to the contrary; thus, there is a case for the respondent to answer.

Jurisdiction
Australia
Judgment Date
01 March 1999
Procedural Posture
Application / No Case to Answer Submission
Outcome
Respondent required to answer; application that there was no case to answer dismissed.
Legal Topics
['no Case to Answer' 'liability of Land Owner Under Local Government Act and Environmental Planning and Assessment Act']
['practice & Procedure'] ['no Case to Answer' 'liability of Land Owner Under Local Government Act and Environmental Planning and Assessment Act']

Case Brief

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Procedural Posture

Application / No Case to Answer Submission

Legal Issues

  1. 1 ['Whether the applicant has made out a case requiring the respondent to answer' 'Sufficiency of evidence implicating the respondent as owner or occupier']

Ratio Decidendi

The evidence implicates the respondent sufficiently so that, in light of s 697 of the Local Government Act 1993, the applicant need not formally prove ownership or occupation until evidence is provided to the contrary; thus, there is a case for the respondent to answer.

Court Disposition

Respondent required to answer; application that there was no case to answer dismissed.

Orders

  • ['The application that there was no case to answer is dismissed.']