Sutherland Shire Council v Nader (No 2) [2007] NSWLEC 438

Sutherland Shire Council v Nader (No 2) [2007] NSWLEC 438

Leave to reopen the case and to rely on further affidavit material was refused given earlier findings; only limited segments of further evidence (on lift shaft height) admitted for consideration relating to demolition orders.

Jurisdiction
Australia
Judgment Date
18 June 2007
Procedural Posture
Civil / Post Judgment; Application for Leave to Rely on Further Evidence and Reopen Case
Outcome
Leave to reopen the case refused; limited leave granted for further evidence on specific issue; demolition orders pending further clarification.
Legal Topics
['leave to Reopen Case' 'demolition Orders' 'unauthorised Building Works' 'admissibility of Evidence']
['planning and Environment'] ['leave to Reopen Case' 'demolition Orders' 'unauthorised Building Works' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Civil / Post Judgment; Application for Leave to Rely on Further Evidence and Reopen Case

Legal Issues

  1. 1 ['Whether to grant leave to rely on further evidence in relation to exercise of discretion to require demolition' 'Whether to reopen the case to allow additional evidence and adjourn proceedings' 'Admissibility of affidavits and the status of privilege in attached correspondence' 'Assessment of compliance of lift shaft construction with development consent plans']

Ratio Decidendi

Leave to reopen the case and to rely on further affidavit material was refused given earlier findings; only limited segments of further evidence (on lift shaft height) admitted for consideration relating to demolition orders.

Court Disposition

Leave to reopen the case refused; limited leave granted for further evidence on specific issue; demolition orders pending further clarification.

Orders

  • ['Prayer 1 of Notice of Motion granted.' 'Leave to reopen case (prayer 2(b)) refused.' 'Leave to rely on affidavit of Mr Burrell sworn 8 May 2007 refused.' 'Leave to rely on parts of affidavit of Mr Finn sworn 6 June 2007 granted only in relation to lift shaft height.' 'Timetable to be devised for parties to clarify...