Nader v Sutherland Shire Council [2008] NSWCA 265

Nader v Sutherland Shire Council [2008] NSWCA 265

The primary judge correctly construed the development consent as not authorising use of the roof for recreational purposes, properly exercised her discretion under s 124 of the Environmental Planning and Assessment Act 1979 to order demolition, and did not err in refusing to admit 'without prejudice' correspondence since its exclusion did not likely mislead the court.

Parties
Appellant: Paul Nader; Appellant: Haifa Nader; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
24 October 2008
Procedural Posture
Appeal / Judgment on Appeal From the Land & Environment Court
Outcome
Appeal dismissed with costs.
Legal Topics
Development Consent, Unauthorised Building Works, Demolition Orders, Exercise of Discretion, Admissibility of Without Prejudice Communications
Local Government Law Planning and Environment Law Evidence Development Consent Unauthorised Building Works Demolition Orders Exercise of Discretion Admissibility of Without Prejudice Communications

Case Brief

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Parties

Paul Nader

Appellant

Haifa Nader

Appellant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Land & Environment Court

Legal Issues

  1. 1 Whether the trial judge erred in exercising discretion to order demolition of unauthorised building works
  2. 2 Whether the trial judge erred in construing the development consent as not permitting recreational use of the roof area
  3. 3 Whether the rejection of 'without prejudice' correspondence as evidence was in error

Ratio Decidendi

The primary judge correctly construed the development consent as not authorising use of the roof for recreational purposes, properly exercised her discretion under s 124 of the Environmental Planning and Assessment Act 1979 to order demolition, and did not err in refusing to admit 'without prejudice' correspondence since its exclusion did not likely mislead the court.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.