APPEAL :- LOCAL GOVERNMENT: - appeal against council order to comply with condition of development consent - condition required payment of contributions under s 94 of the Environmental Planning and Assessment Act - construction of the condition - power of council to make order to rectify past breach of condition - power of council to make order requiring payment of money due under condition
CONSTRUCTION AND INTERPRETATION :- s 14(1)(d) and s 15 of the Limitation Act 1969 - s 121B order not an "action" subject to limitation period - money due under development condition and s 121B order is not "recoverable by virtue of an enactment" - proceedings to recover money due under the development condition and s 121B order in question would not constitute an "action on a cause of action for an account"
DISCRETION :- consideration of prejudice to applicant caused by council's delay in making s 121B order
Case Details
Citation[2009] NSWLEC 91
CourtNSWLEC
JurisdictionNew South Wales
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