NSW Caselaw
New South Wales Supreme Court
CITATION : Tom Pavlakis and Anor v The Council of the City of Shoalhaven [2005] NSWSC 436
HEARING DATE(S) : 7, 8, 9, 10 14, 16, 17, 18 March 2005 Final submissions 15 April 2005
JUDGMENT DATE : 9 June 2005
JURISDICTION : Commercial List
JUDGMENT OF : Bergin J
DECISION : Plaintiffs' claims dismissed
CATCHWORDS : [TRADE PRACTICES] - Whether representations were made by the defendant - whether the person who made the representation had ostensible authority to make it - whether reliance placed on the representation - whether representation made in "trade or commerce" - whether continuing representations made - [CONTRACT] - Applicability of contractual principles to Development Application process of a Council or Consent Authority under the Environmental Planning and Assessment Act 1979 (NSW) - whether contract entered into between plaintiffs and defendant - [TRUSTS] - Nature of trust under s 94(3) of the Environmental Planning and Assessment Act 1979 - Whether resulting trust - Jurisdiction to deal with claim for return of money paid pursuant to s 94(3) of the Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) LEGISLATION CITED : Local Government Act 1919 (NSW) Trade Practices Act 1974 (Cth)
Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Coshott and Anor v Woollahra Municipal Council (1988) 14 NSWLR 675 Denham Pty Ltd v Manly Council (1995) 89 LGERA 108 Doran Developments Pty Ltd v Newcastle City Council 1984 (13) APA 436 Jones v Dunkel (1959) 101 CLR 298 CASES CITED : Levadetes and Anor v Hawkesbury Shire Council (1988) 67 LGRA 190 Mid Density Development Pty Ltd v Rockdale Municipal Council (1992) 39 FCR 579 Mulgrave Shire Council v Red Hills Pty Ltd (1994) 83 LGERA 323 Payne v Parker [1976] 1 NSWLR 191 Toadolla Co Pty Ltd v Dumaresq Shire Council (1992) 78 LGERA 261 Watson v Foxman & Ors: Commonwealth Bank of Australia v Foxman Holdings Pty Ltd (Receiver and Manager Appointed) & Ors (2000) 49 NSWLR 315
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