Medium Neutral Citation:
Phoenix Palm Development Pty Ltd v The Secretary of the Department of Customer Service (2024) NSWLEC 1812
Legislation Cited:
- Land and Environment Court Act 1979, section 18, 34, 39
- Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, section 33, 49
Case Cited:
- Eunomia Developments Pty Ltd v Secretary of the Department of Customer Service [2021] NSWLEC 1279
- Phillips v Walsh (1990) 20 NSWLR 206
Decision:
The Court orders that:
- The appeal is upheld.
- The Building Work Rectification Order dated 8 September 2023 is substituted for the Order set out at Annexure A.
- Liberty to apply to the Court is granted on giving 3 days’ notice.
Read the full decision on NSW Caselaw.