NSW Caselaw
Land and Environment Court of New South Wales CITATION: Mirvac Homes Pty Ltd v Parramatta City Council [1999] NSWLEC 239
PARTIES APPLICANT: Mirvac Homes Pty Ltd
RESPONDENT: Parramatta City Council
NUMBER: 10320; 10369; 10370 of 1999
CORAM: Lloyd J
KEY ISSUES: Evidence :- issue estoppel - estoppel by convention - estoppel by representation. Development - public road - whether road left in subdivision of private land - whether intended dedication completed by acceptance by public use.
LEGISLATION CITED:
DATES OF HEARING: 09/22/1999; 09/23/1999; 09/24/1999
DATE OF JUDGMENT DELIVERY: 10/25/1999
APPLICANT: J J Bingham (Solicitor) SOLICITORS: Coudert Brothers LEGAL REPRESENTATIVES: RESPONDENT: P C Tomasetti (Barrister) SOLICITORS: Storey & Gough
JUDGMENT:
Contents
Page
Planning controls 2
Background 5
An issue estoppel? 13
An estoppel by convention? 25
An estoppel by representation? 37
Is Grimes Lane a public road? 40
Merit considerations 73
Orders 80 _______________IN THE LAND AND Matter No: 10320 of 1999; 10369 of 1999; 10370 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 25/10/99
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