Shoal Bay Developments Pty Ltd v Registrar-General of NSW [2021] NSWSC 764

Supreme Court New South Wales

Medium Neutral Citation: Shoal Bay Developments Pty Ltd v Registrar-General of NSW [2021] NSWSC 764 Hearing dates: 24 June 2021 Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Equity Before: Darke J Decision: Orders made to effect a severance of land from a community scheme. Catchwords: LAND LAW – Community title – all interested parties consent to variation of community scheme – the Court must be satisfied that completion of staged scheme or continuation of scheme is impracticable – community scheme planned to proceed in three stages – a wick drainage system was installed inconsistently with development consent during stages one and two – not practically feasible to physically rectify wick drainage system – unsuccessful attempt to modify development consent in relation to drainage system – development of stage three unable to be undertaken in a way that complies with development consent – held that the completion and continuation of scheme impracticable – orders made varying the scheme Legislation Cited: Community Land Development Act 1989 (NSW), ss 70(1)(a), 70(1)(b), 71 Community Land Management Act 1989 (NSW), s 15, Schedule 2 Cases Cited: Community Association DP270212 v Registrar-General [2004] NSWSC 961 Neighbourhood Association DP 285249 v Watson [2008] NSWSC 876 Category: Principal judgment Parties: Shoal Bay Developments Pty Ltd (First Plaintiff/First Cross-Defendant) Snoogal Pty Ltd (Second Plaintiff/Second Cross-Defendant) Registrar General of NSW (First Defendant/Third Cross-Defendant) Community Association DP 270468 (Second Defendant/Cross-Claimant) Port Stephens Council (Third Defendant/Fourth Cross-Defendant) Representation: Counsel: Mr N Eastman with Mr J Farrell (Plaintiffs/First and Second Cross-Defendants) Mr S Prent, solicitor (First Defendant/Third Cross-Defendant) Mr G Farland (Second Defendant/Cross-Claimant) Mr R Boadle (Third Defendant/Fourth Cross-Defendant)