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[2025] NSWLEC 1280
General information, not legal advice.
Land and Environment Court (NSW)
2025-04-02
Gray C
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Refalo v Liverpool City Council [2025] NSWLEC 1280
Hearing dates: 1-2 April 2025
Date of orders: 2 April 2025
Decision date: 02 April 2025
Jurisdiction: Class 1
Before: Gray C
Decision: In both 2024/163113 and 2024/163114:
(1) The Court notes that Council has revoked the orders the subject of the proceedings.
(2) The proceedings are dismissed.
Catchwords: APPEAL – development control orders – both orders revoked by the Council – the subject matter of each appeal has been lost – signed consent orders – proceedings dismissed
Category: Principal judgment
Parties: David Refalo (First Applicant)
Jannie Refalo (Second Applicant)
Liverpool City Council (Respondent)
Representation: Counsel:
A Stafford (Applicant)
M Harker (Respondent)
Solicitors:
Beatty Legal Pty Ltd (Applicant)
Liverpool City Council (Respondent)
File Number(s): 2024/163113; 2024/163114
Publication restriction: Nil
COMMISSIONER: These two appeal proceedings are appeals against two separate development control orders issued by Liverpool City Council (the Council) on 4 April 2024. The first, proceedings number 2024/163113, concerned an appeal against a development control order for stop use and demolish works at 65 Brenda Avenue, Kemps Creek. The second, proceedings number 2024/163114, concerned an appeal against a development control order for stop use and demolish works at 90 Racemosa Close, Kemps Creek.
The Council has now revoked each of those development control orders. As a result, the subject matter in relation to each appeal has been lost and it is appropriate for me to make orders in accordance with the consent orders that the parties have handed up.
In both 2024/163113 and 2024/163114:
The Court notes that Council has revoked the orders the subject of the proceedings.
The proceedings are dismissed.
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Refalo
Liverpool City Council [2025] NSWLEC 1280