NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ainsworth v Yarrowee Pty Ltd [2010] NSWLEC 118
APPLICANT PARTIES : Matthew John Ainsworth RESPONDENT Yarrowee Pty Ltd
FILE NUMBER(S) : 40461 of 2009
CORAM: Sheahan J
KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- construction and interpretation of a condition of development consent, meaning of "road" and the requirment to provide "access" in the context of the circumstances of a subdivision of rural land, discretion, costs.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Local Government Act 1919 Roads Act 1993
Auburn Municipal Council v Szabo (1971) 67 LGRA 427 Hillpalm Pty Ltd v Heavens Door Pty Ltd (2004) 220 CLR 472 CASES CITED: House of Peace Pty Ltd v Bankstown City Council (2000) 45 NSWLR 498 Hurstville Municipal Council v Hall [1972] 1 NSWLR 542 Warringah Shire Council v Rippledeen Pty Ltd and Anor [1973] 2 NSWLR 124
DATES OF HEARING: 24 May 2010
DATE OF JUDGMENT: 9 July 2010
APPLICANT Mr C Leggatt, SC with Mr R O'Gorman-Hughes SOLICITORS Watson Mangioni Lawyers Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Dr S Berveling SOLICITORS J C Walsh & Sons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Sheahan J
9 July 2010
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