Sydney City Council v Car Hire Australia Pty Ltd and Ors [2001] NSWLEC 37

The court declared the respondents failed to comply with the council's order for removal of the advertising structure under s 121B and, by consent, ordered its removal. No order as to costs was made given the concurrent proceedings and outcome.

Jurisdiction: Australia
Judgment Date: 28 November 2000
Procedural Posture: Class 4 Proceedings / Judgment
Outcome: Declaration of non-compliance and removal order granted; no order as to costs.
Legal Topics: ['compliance With Development Order' 'advertising Structure Removal' 'costs in Class 4 Proceedings']

['environmental Law'] ['compliance With Development Order' 'advertising Structure Removal' 'costs in Class 4 Proceedings']

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Procedural Posture

Class 4 Proceedings / Judgment

Legal Issues

1 ['Whether the respondents failed to comply with an order issued by Sydney City Council under s 121B of the Environmental Planning and Assessment Act 1979' 'Whether the advertising structure must be removed' 'Which party should bear the costs']

Ratio Decidendi

Court Disposition

Declaration of non-compliance and removal order granted; no order as to costs.

Orders

['Declaration that the respondents failed to comply with order issued by Sydney City Council under s 121B.5 of the Environmental Planning and Assessment Act 1979.' 'By consent, respondents must remove the advertising structure at 16-18 Broadway, Chippendale, by 28 May 2001.' 'No order as to costs.']