Pittwater Council v Walters & Anor [2003] NSWLEC 97

Pittwater Council v Walters & Anor [2003] NSWLEC 97

The respondents were not released from the undertakings because no material change in circumstance was shown: although the Trevor Howse & Associates report had been prepared and relevant work apparently undertaken, the Council had not approved the work as the undertaking contemplated, and the fire safety issues concerned a building accessed by the public.

Jurisdiction
Australia
Judgment Date
04 October 2002
Procedural Posture
Judgment on Notice of Motion for Interlocutory Relief / Interlocutory
Outcome
Respondents' Notice of Motion dismissed; Council ordered to provide a written response to the Trevor Howse & Associates report by 5 pm on 8 October 2002.
Legal Topics
['interlocutory Relief' 'release From Undertakings' 'fire Safety' 'building Code of Australia Compliance']
['land and Environment' 'civil Procedure'] ['interlocutory Relief' 'release From Undertakings' 'fire Safety' 'building Code of Australia Compliance']

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Procedural Posture

Judgment on Notice of Motion for Interlocutory Relief / Interlocutory

Legal Issues

  1. 1 ['Whether the first and second respondents should be released from undertakings given on 9 September 2002.' 'Whether there had been a material change in circumstance sufficient to justify release from the undertakings.']

Ratio Decidendi

The respondents were not released from the undertakings because no material change in circumstance was shown: although the Trevor Howse & Associates report had been prepared and relevant work apparently undertaken, the Council had not approved the work as the undertaking contemplated, and the fire safety issues concerned a building accessed by the public.

Court Disposition

Respondents' Notice of Motion dismissed; Council ordered to provide a written response to the Trevor Howse & Associates report by 5 pm on 8 October 2002.

Orders

  • ["The Respondent's Notice of Motion is dismissed." "The Applicant is to provide a written response in relation to the Trevor Howse & Associates' report to the Respondent by 5 pm on 8 October 2002."]