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Strata titles

Keay v The Owners - Strata Plan 3132

The Court made declarations about a lot owner’s exclusive-use rights under strata by-laws and held s 138 of the Real Property Act could support ancillary correction orders.

  • Declaratory relief
  • Correction of register
  • By-laws
  • Common property rights
  • Caveats
  • Ancillary orders under s 138 real property act 1900 (nsw)
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Planning and environment law

356-366 New South Head Road Pty Ltd ATF 356-366 New South Head Road Trust v Woollahra Municipal Council

The Court upheld an appeal against deemed refusal and further modified the development consent for 356–366 New South Head Road after a s 34 conciliation conference.

  • Modification of development consent
  • Section 34 conciliation conference
  • Deemed refusal
  • Substantially the same development
  • Notification and submissions
  • Stormwater conditions
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Planning and environmental law

Cameron v Woollahra Municipal Council (No 2)

On costs after dismissal of a Class 4 planning claim, Beasley J held there was no basis to depart from the usual order and awarded costs to the Council.

  • Deferred commencement condition
  • Development consent lapse
  • Costs discretion
  • Usual order as to costs
  • Costs
  • Planning-and-environmental-law
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Building and construction law

Pearsall v Baxco Homes Pty Ltd t/as Baxco Homes

Auf die Berufung der Hauseigentümer gegen die Entscheidung zur Baufehler- und Zertifikatsfrage wurde keine Leave gewährt; die Berufung wurde abgewiesen.

  • Procedural fairness
  • Self-represented litigants
  • Leave to appeal
  • Weight of evidence
  • Fresh evidence
  • Statutory warranties
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Environment and planning

Harris v Randwick City Council

The Court approved a cl 4.6 variation, upheld the appeal, and granted consent for amended backpackers’ accommodation works at 171 Arden St, Coogee.

  • Development application
  • Conciliation conference
  • Consent conditions
  • Clause 4.6 variation request
  • Heritage
  • Contamination
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Planning and environment law

Ly v Fairfield City Council

The Court upheld a Class 1 development appeal and, by consent after conciliation, granted approval for a two-storey dwelling at Canley Vale subject to Annexure A conditions.

  • Development application
  • Conciliation conference
  • Residential dwelling
  • Flood planning
  • Basix
  • Consent to amended application
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Civil procedure

Prakash v Commonwealth Securities Limited trading as Commsec

The Court of Appeal dismissed the notice of appeal as incompetent and refused leave to appeal from interlocutory orders dismissing Prakash’s case against Commsec.

  • Leave to appeal from interlocutory orders
  • Abuse of process
  • Default judgment
  • Strike out of pleadings
  • Procedural fairness
  • Hearsay evidence on interlocutory applications
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Planning and environment law

Satmell Holdings Pty Ltd v Blacktown City Council

The Court upheld the appeal and, by consent at conciliation, modified Development Consent SPP-17-00012 for the Rouse Hill townhouse and flat building project.

  • Modification of development consent
  • Conciliation conference
  • Substantially the same development
  • Development consent conditions
  • Modification-of-development-consent
  • Conciliation-conference
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Equity

Roberts v Mawabe Pty Ltd (No 2)

Interlocutory trust dispute over leave to amend, joinder of the children as defendants, and whether claims for unpaid distributions and trustee removal could proceed.

  • Discretionary family trust
  • Distribution resolutions
  • Money had and received
  • Equitable debt
  • Equitable compensation
  • Breach of trust
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.