NSW Caselaw
New South Wales Supreme Court
CITATION : Australian National Car Parks Pty Limited v State Rail Authority of NSW [2005] NSWSC 120
HEARING DATE(S) : 28 February 2005
JUDGMENT DATE : 3 March 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Master Malpass at 1
DECISION : The summons is dismissed; the plaintiff is to pay the costs of the summons; the exhibits may be returned.
CATCHWORDS : Defence of illegality - tenancy agreement for car parking purposes - such purpose not permitted by development provisions - erroneous belief that there were existing user rights - not a contract to do an illegal act - what is the subject of the proscription.
Central Sydney Local Environment Plan 1996 LEGISLATION CITED : Environmental Planning & Assessment Act 1979 Environmental Planning & Assessment Regulation 2000
Bawofi Pty Ltd v Comrealty Ltd & Anor (1992) NSW ConvR 55-646 Best v Glenville [1960] 3 All ER 478 CASES CITED : Perman v Wentholt-Dwyer [2004] NSWSC 48 Yango Pastoral Co Pty Ltd v First Chicago Australia Ltd (1978) 139 CLR 410
Australian National Car Parks Pty Limited (Plaintiff) PARTIES : State Rail Authority of New South Wales (Defendant)
FILE NUMBER(S) : SC 12978/04
Ms V Culkoff (Plaintiff) COUNSEL : Mr I E Davidson (Defendant)
Steven Klinger (Plaintiff) SOLICITORS : Emil Ford & Co (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 8570/02
LOWER COURT JUDICIAL OFFICER : Lulham LCM
- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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