Waterways Authority of New South Wales v Coal and Allied Operations Pty Limited [2005] NSWSC 1285

New South Wales Supreme Court

CITATION : Waterways Authority of New South Wales v Coal and Allied Operations Pty Limited [2005] NSWSC 1285

HEARING DATE(S) : 15/08/05, 16/08/05, 17/08/05 Written submissions: 02/09/05; 16/09/05

JUDGMENT DATE : 15 December 2005

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

DECISION : See paragraphs 125 and 126

CATCHWORDS : LANDLORD AND TENANT - covenants - covenant by tenant to remove all structures before expiration of term - in default landlord may "retain the same" or remove at tenant's cost - whether landlord's contractual right to retain or remove was sole remedy where tenant failed to remove - whether failure to remove was breach of contract - EQUITY - equitable remedies - specific performance - damages in lieu of specific performance - whether such damages will be awarded where act to be compelled by order for specific performance is unlawful - time at which lawfulness of act to be considered - LOCAL GOVERNMENT - ENVIRONMENTAL LAW - conspectus of provisions regulating development - specific provisions governing Sydney Harbour, Waverton Peninsula and Balls Head Coal Loader at 31 December 1993 and 17 December 1999 - LOCAL GOVERNMENT - definition of boundaries of local government areas - STATUTES - interpretation - whether inconsistency effects implied repeal - WORDS AND PHRASES - "exclusive control", "relic", "settlement"

Conveyancing Act 1919, s.133A Environmental Planning and Assessment Act 1979, ss.4(1), 6, 26, 34(1), 36, 75 Environmental Planning and Assessment Amendment Act 1997 Heritage Act 1977, ss.4, 139 Local Government Act 1919, ss.10, 289(f), Ordinance No 37 LEGISLATION CITED : Local Government Act 1993, ss.4, 10, 68, 69. 72, 205, Maritime Services Act 2B, ss.2, 6, 13JE, 13JG, 13T Ports Corporatisation and Waterways Management Act 1995, ss.5, 29, 35, 111, Schedules 3, 4-15 Supreme Court Act 1970, s.68 Sydney Harbour Trust Act 1900, s.33