Hillpalm v Tweed Shire Council [2002] NSWCA 332

New South Wales Court of Appeal

CITATION : Hillpalm v Tweed Shire Council [2002] NSWCA 332 FILE NUMBER(S) : CA 40204 of 2002 HEARING DATE(S) : 04/09/02 JUDGMENT DATE : 3 October 2002

Hillpalm Pty Ltd PARTIES : v Tweed Shire Council & Anor JUDGMENT OF : Meagher JA at 1; Handley JA at 14; Hodgson JA at 15

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT LEC 40066 of 2001 FILE NUMBER(S) : LOWER COURT Lloyd J JUDICIAL OFFICER :

Hillpalm: D Officer QC & P McGuire COUNSEL : Tweed: M Einfeld QC & H Irish Heaven's Door: T F Robertson SC Hillpalm: Bolster & Co SOLICITORS : Tweed: Stacks the Law Firm with Halliday & Stainlay Heaven's Door: Woolf Associates CATCHWORDS : Land & Environment Court - easements - appeal dismissed with costs. LEGISLATION CITED : Cl 46 (1) Environmental Planning and Assessment Regulation 1994 CASES CITED: North Sydney Council v Ligon 302 Pty Ltd (1996) 185 CLR 470 DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40204 of 2002 LEC 40066 of 2001

MEAGHER JA HANDLEY JA HODGSON JA

Thursday, 3 October 2002 HILLPALM PTY LIMITED v TWEED SHIRE COUNCIL & ANOR

Facts An application made by the appellant to declare invalid a subdivision consent granted by the respondent Council to the respondent Heaven's Door Pty Limited was dismissed by the Land and Environment Court. Land at Tanglewood was subdivided into two lots in 1977. The respondent, Heaven's Door Pty Limited is the owner of Lot 1, and the appellant, Hillpalm Pty Limited, of Lot 2. The plan of subdivision, which was registered in November 1978 contained a "proposed right of way of 10 wide" but did not disclose the creation of any easement.