Michael Suttor Pty Limited trading as Michael Suttor Architects v Woollahra Municipal Council

Land and Environment Court (NSW)|2009-08-10|Before: Preston CJ

The applicant in the proceedings is to file and serve any further evidence responding to the further submissions of Mr and Mrs Mowszowski by 21 August 2009 and a copy of any such further evidence is to be served on Mr and Mrs Mowszowski by 21 August 2009.

I confirm that the hearing is to be held on 24 August 2009.

I grant leave to Mr and Mrs Mowszowski for Mr Moody to give evidence on their behalf at the hearing due to their being overseas on the date of the hearing, such evidence to be within the scope of and illustrative of the submissions made by or on behalf of Mr and Mrs Mowszowski and not address new topics or matters.

I direct the applicant in the proceedings to provide access to No. 25 Wentworth Street on the day of the hearing for the Court and such persons as the Court considers appropriate, to undertake a view.

Grant liberty to the applicant and Council in these proceedings, and Mr and Mrs Mowszowski, to restore the matter before the Court on 48 hours' notice.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Michael Suttor Pty Limited trading as Michael Suttor Architects v Woollahra Municipal Council [2009] NSWLEC 148

CASES CITED: Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313 Tomko v Palasty (No.2) [2007] NSWCA 369; (2007) 71 NSWLR 61

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