ON 8 AUGUST 2014, the NSW Land and Environment Court delivered Jojeni Investments Pty Ltd v Mosman Municipal Council  NSWLEC 120.
The applicant brought Class 4 proceedings seeking a declaration that the property has the benefit of existing use rights as a residential flat building. Mosman Council opposed the summons.
Justice Sheahan found in favour of the council and made a declaration that the property known as 7 Arbutus Street, Mosman, has the benefit of existing use rights as two flats in a house, not as a residential flat building.
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