Transport for NSW v Registrar-General of NSW [2022] NSWSC 1660

Supreme Court New South Wales

Medium Neutral Citation: Transport for NSW v Registrar-General of NSW [2022] NSWSC 1660 Hearing dates: 6 December 2022 Decision date: 06 December 2022 Jurisdiction: Equity Before: Peden J Decision: (1) Pursuant to s 73 of the Community Land Development Act 2021 (NSW) (CLD Act), order that as a consequence of the resumption of Lot 33 in Deposited Plan 270147: (a) The schedule of unit entitlement for community scheme DP270147 is adjusted as specified in the replacement sheets for DP270147 in annexure A to this Judgment and as set out in Annexure A to the Amended Summons filed in Court on 6 December 2022; (b) There is no amendment to the schedule of unit entitlements for the subsidiary neighbourhood scheme DP285565; (c) There is no amendment to the management statement for community scheme DP270147 nor to the management statement for the subsidiary neighbourhood scheme DP285565. (2) Plaintiff pay the costs of the Registrar-General pursuant to s 77 of the CLD Act. Catchwords: LAND LAW — Community title — Community scheme — Where resuming authority seeks orders restructuring a community scheme — Whether resuming authority has notified interested persons of orders sought — Whether unit entitlements should be adjusted — Where orders made for adjustment Legislation Cited: Community Land Development Act 2021 (NSW) ss 72(4), 72(5), 73, 74, 76, 77, 79(5), Community Land Development Act 1989 (NSW) Corporations Act 2001 (Cth) s 109X Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Transport for NSW v Registrar-General of New South Wales [2013] NSWSC 1272 Category: Principal judgment Parties: Transport for NSW (Plaintiff) Registrar-General of NSW (Defendant) Representation: Counsel: A Hemmings (Plaintiff) S Prent, solicitor (Defendant)