NSW Caselaw
New South Wales District Court
CITATION: Nulama Village Pty Limited v Donald Francis Rannard & Ors [2010] NSWDC 46
HEARING DATE(S): 23/2/10 and 19/3/10
JUDGMENT DATE: 19 March 2010
JURISDICTION: Civil
JUDGMENT OF: Rolfe DCJ
DECISION: See para 84 of Judgment
CATCHWORDS: Appeal from CTTT - Consideration of Community Management Statement and relevant by-laws made under Community Development Land Act 1989 - Application to CTTT to revoke certain by-laws pursuant to the Community Land Management Act 1999 - Proper characterisation of by-laws - whether delegated legislation or statutory contract - Application of common law principles of contractual interpretation - Whether CTTT made errors of law in its application of s 80 of the Community Land Management Act 1999 Meaning of "best interest" - Obligation to act according to equity and in good conscience required objective examination of surrounding circumstances - Consideration of whether a particular by-law was unworkable.
Community Land Management Act 1999 (NSW) Uniform Civil Procedure Rules 2005 LEGISLATION CITED: Crimes (Appeals & Review) Act 2001 Community Development Land Act 1989 (NSW) Strata Schemes (Freehold Development) Act 1973
Riana Pty Limited v The Owner Strata Plan No. 22336 (2007) NSW SC 1033 Currabubula Holdings Pty Limited v State of New South Wales (2000) NSW SC 232 Neighbourhood Association DP 285249 v Watson (2008) NSW SC 876 The Owners of Strata Plan No. 3397 v Tate (2007) 70 NSWLR 344 One-Tel Ltd v Australian Communications Authority (2001) 110 FCR 125 North Wind Pty Ltd v Proprietors - Strata Plan 3143 (1981) 2 NSWLR 809 CASES CITED: National Roads and Motorists Association Limited v Parkin (2004) 60 NSWLR 224 Toll (FGCT) Pty Limited v Alphafarm Pty Limited (2004) 219 CLR 165 Kalokerinos & Or v HIA Insurance Services Pty Limited (2004) NSW CA 312 Bahadoriv v Permanent Mortgages Pty Limited (2008) 72 NSWLR 44 Owners of Strata Plan 41100 v Penda & Sons Pty Limited (2009) NSW DC 59 Secretary, Department of Health and Community Services v JWB & SMB (Marion's case) (1992) 175 CLR 218 Equiticorp Finance Limited (In Liq) v Bank of New Zealand (1993) 32 NSWLR 50
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