NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Transport for NSW v Registrar-General of New South Wales [2024] NSWSC 1186 Hearing dates: 18 September 2024 Date of orders: 18 September 2024 Decision date: 19 September 2024 Jurisdiction: Equity - Real Property List Before: Williams J Decision: See orders at [33]. Catchwords: LAND LAW – Community title – Community scheme – Where resuming authority seeks orders restructuring community scheme consequential upon resumption of part of a development lot in the community scheme – Requirement for resuming authority notified interested persons of the application – Orders to be made pursuant to s 73 of the Community Land Development Act 2021 (NSW) in circumstances where the value of the residue of the relevant development lot, and the relative values of the lots in the scheme, are unchanged by the resumption. Legislation Cited: Community Land Development Act 2021 (NSW), ss 72, 73, 74, 76, 79 Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Cases Cited: Transport for NSW v Registrar-General of NSW [2022] NSWSC 1660 Transport for NSW v Registrar-General of NSW [2013] NSWSC 1272 Texts Cited: N/A Category: Principal judgment Parties: Transport for NSW (Plaintiff) Registrar-General of New South Wales (Defendant) Representation: Counsel: A Hemmings (Plaintiff) S Prent, solicitor (Defendant)
Solicitors: Clayton Utz (Plaintiff) Office of the Registrar General (Defendant) File Number(s): 2024/179415 Publication restriction: N/A
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