NSW Caselaw
Reported Decision : (2009) 165 LGERA 274
Land and Environment Court of New South Wales
CITATION : Newcastle City Council v Northern Residential Pty Limited & (3) Others [2009] NSWLEC 10
No. 40792 of 2008
PLAINTIFF: Newcastle City Council
FIRST DEFENDANT: Northern Residential Pty Limited
SECOND DEFENDANT: Terry G Gibson
THIRD DEFENDANT: T G Gibson Pty Limited PARTIES : ABN 21 087 518 330
FOURTH DEFENDANT: Registrar-General of New South Wales
LEC No. 4118 of 2008 & SC No. 5619 of 2008
PLAINTIFF: Newcastle City Council
FIRST DEFENDANT: Northern Residential Pty Limited
SECOND DEFENDANT: Registrar-General of New South Wales
FILE NUMBER(S) : 40792 of 2008 & 41128 of 2008
CORAM: Lloyd J
KEY ISSUES: JUDICIAL REVIEW :- validity of subdivision certificates - delegation of power of an accredited certifier to an unaccredited person - inspections carried out by an unaccredited person - legislative purpose of statutory scheme - fundamental breach - subdivision certificates invalid
Building Professional Act 2005 s 5(1) and s 63 Conveyancing Act 1919 s 196AA LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 75S, s 81A, s 109Ds 109E, s 109M, s 109T, s 109S Environmental Planning and Assessment Regulation 2000 cl 162A and cl 162B Real Property Act s 12A
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