Bankstown City Council v Ramahi (No 3)

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Bankstown City Council v Ramahi (No 3)

[2016] NSWLEC 41

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Bankstown City Council v Ramahi (No 3)

[2016] NSWLEC 41

Land and Environment Court New South Wales Medium Neutral Citation: Bankstown City Council v Ramahi (No 3) [2016] NSWLEC 41 Hearing dates:19 April 2016Date of orders: 19 April 2016 Decision date: 19 April 2016 Jurisdiction:Class 4Before: Craig J Decision: Refer to [10] Catchwords: PRACTICE AND PROCEDURE - breach of the Environmental Planning and Assessment Act 1979 (NSW) - final orders whether principal judgment should be read as intending that order be made for demolition of an attached garage - decision to authorise erection of garage made in breach of the Environmental Planning and Assessment Act 1979 (NSW) - necessary to read judgment as a whole - demolition of garage included in orders made Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW) Cases Cited: Bankstown City Council v Ramahi (No 2) [2016] NSWLEC 34 Category:Consequential orders (other than Costs)Parties: Bankstown City Council (Applicant) Dianna Ramahi (First Respondent) Sam Kayellou (Second Respondent) Helal Wreida (Third Respondent) Ronell Yatim (Fourth Respondent) Ali Yatim (Fifth Respondent) Muhammad Wreida (Sixth Respondent) Representation: Counsel: J E Lazarus (Applicant) P R Rigg (solicitor) (First Respondent) A N Meher (solicitor) (Second Respondent) Not applicable (Third Respondent) P R Rigg (solicitor) (Fourth, Fifth and Sixth Respondents)   Solicitors: Lindsay Taylor Lawyers (Applicant) Peter R Rigg Solicitors (First Respondent) Yakenian Solicitor (Second Respondent) Peter R Rigg (Fourth, Fifth and Sixth Respondents) File Number(s):40150 of 2015EX TEMPORE Judgment I delivered judgment in these proceedings on 8 April 2016 (Bankstown City Council v...

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Bankstown City Council v Ramahi (No 3)

[2016] NSWLEC 41

Land and Environment Court New South Wales Medium Neutral Citation: Bankstown City Council v Ramahi (No 3) [2016] NSWLEC 41 Hearing dates:19 April 2016Date of orders: 19 April 2016 Decision date: 19 April 2016 Jurisdiction:Class 4Before: Craig J Decision: Refer to [10] Catchwords: PRACTICE AND PROCEDURE - breach of the Environmental Planning and Assessment Act 1979 (NSW) - final orders whether principal judgment should be read as intending that order be made for demolition of an attached garage - decision to authorise erection of garage made in breach of the Environmental Planning and Assessment Act 1979 (NSW) - necessary to read judgment as a whole - demolition of garage included in orders made Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW) Cases Cited: Bankstown City Council v Ramahi (No 2) [2016] NSWLEC 34 Category:Consequential orders (other than Costs)Parties: Bankstown City Council (Applicant) Dianna Ramahi (First Respondent) Sam Kayellou (Second Respondent) Helal Wreida (Third Respondent) Ronell Yatim (Fourth Respondent) Ali Yatim (Fifth Respondent) Muhammad Wreida (Sixth Respondent) Representation: Counsel: J E Lazarus (Applicant) P R Rigg (solicitor) (First Respondent) A N Meher (solicitor) (Second Respondent) Not applicable (Third Respondent) P R Rigg (solicitor) (Fourth, Fifth and Sixth Respondents)   Solicitors: Lindsay Taylor Lawyers (Applicant) Peter R Rigg Solicitors (First Respondent) Yakenian Solicitor (Second Respondent) Peter R Rigg (Fourth, Fifth and Sixth Respondents) File Number(s):40150 of 2015EX TEMPORE Judgment I delivered judgment in these proceedings on 8 April 2016 (Bankstown City Council v...