Chami v Lane Cove Council (No 2) [2015] NSWLEC 1206

Chami v Lane Cove Council (No 2) [2015] NSWLEC 1206

Leave to reopen is granted solely with respect to the balcony area of the uppermost level of the dwelling due to public interest and safety concerns; leave is denied for the undercroft and lift well requirements as there is no evidentiary foundation or fresh evidence justifying reopening those parts.

Jurisdiction
Australia
Judgment Date
15 June 2015
Procedural Posture
Class 1 / Application to Reopen; Interlocutory Determination on Notice of Motion
Outcome
Leave to reopen proceedings is granted only on the balcony safety issue; applications to reopen on undercroft and lift well are dismissed.
Legal Topics
['application to Reopen Proceedings' 'building Certificate Proceedings' 'expert Evidence' 'procedural Fairness' 'self Represented Litigants']
['civil Procedure' 'planning and Environment'] ['application to Reopen Proceedings' 'building Certificate Proceedings' 'expert Evidence' 'procedural Fairness' 'self Represented Litigants']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 / Application to Reopen; Interlocutory Determination on Notice of Motion

Legal Issues

  1. 1 ['Whether leave should be granted to reopen proceedings regarding requirements for works to the balcony at the western end of the uppermost level of the dwelling' 'Whether leave should be granted to reopen proceedings regarding works required for the undercroft area' 'Whether leave should be granted to reopen proceedings regarding rendering the lift well safe']

Ratio Decidendi

Leave to reopen is granted solely with respect to the balcony area of the uppermost level of the dwelling due to public interest and safety concerns; leave is denied for the undercroft and lift well requirements as there is no evidentiary foundation or fresh evidence justifying reopening those parts.

Court Disposition

Leave to reopen proceedings is granted only on the balcony safety issue; applications to reopen on undercroft and lift well are dismissed.

Orders

  • ['The application to reopen with respect to the balcony at the western end at the uppermost level is granted.' 'If the applicant does not file and serve any statement of expert structural engineering evidence by 10 July, leave to reopen is rescinded and Schedule 1 of Chami v Lane Cove Council [2015] NSWLEC 1003 is...