City of Sydney Cases

During Louise's appointment as in-house counsel with the City of Sydney Council (2007-2009) she conducted and appeared in a wide variety of significant litigation on behalf of Council. 

Louise's work focussed on the enforcement of planning, environmental and building (BCA) laws regulating fire safety, hoarding and overcrowding, licensed premises, boarding houses, and brothels; unlawful uses and breaches of development consents under the Environmental Planning and Assessment Act 1979; and advice work on s94 contributions, Voluntary Planning Agreements, powers of entry/search warrants and Roads Act 1993 footway dining problems:

  • Class 1 appeal by landowner against s121B Order to remove unlawful works to heritage building: Ardino P/L v Syd CC, LEC No 10703/07
  • Class 2 and 4 proceedings - unlawful use as nightclub: Council of the City of Sydney v Balero Enterprises P/L & 2 ors; and Balero Enterprises Pty Ltd v City of Sydney Council [2008] NSWLEC 80
  • Class 1 appeal by landowner against s121B Order to cease unlawful use as boarding house in outbuilding, settled favourably with compliance with Order: The Estate of the Late Edward Marr v Syd CC; LEC No 10297/08
  • Class 1 appeal by OC re Fire Order, s34 conference, successful outcome: Owners Corp SP14495 v Syd CC, LEC No 11006/08
  • Class 1 appeals by landowners re s121B Orders to repair dangerous stone retaining wall and remove tree; mediation before Sir Laurence Street, resolved by consent orders: Owners Corp SP 12493 v Syd CC; Fitzhenry v Syd CC; LEC Nos 10089/07, 10603/07 & 10650/07
  • Class 4 proceedings commenced by Council - waste/hoarding/non-compliance with s124 LGAct and s121B EPA Act Orders cases:
  • Three Class 1 appeals run consecutively, appeal from Fire Order, appeal from s121B Order to remove unlawful works and appeal from refusal of s96 application seeking consent to use unlawful attic rooms, partly successful before Snr Cmr Moore: Leduva P/L v Council of the City of Sydney [2008] NSWLEC 1466. Subsequent class 4 proceedings commenced by Council against Leduva P/L as owner and Nogradi as operator, favourably settled and unlawful backpackers in residential flat building ceased: Council of the City of Sydney v Leduva P/L & 3 ors
  • Class 1 appeal by licensee/owner re signage on Hotel; partly successful: Stallones Group P/L v Council of the City of Sydney [2009] NSWLEC 1246
  • Class 1 appeal re stratum subdivision of large commercial/residential development in Ultimo, appeal dismissed, council successful: West Apartments v Syd CC [2009] NSWLEC 1411.