NSW Caselaw
New South Wales Supreme Court
CITATION : Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd [2009] NSWSC 717
HEARING DATE(S) : 3 July 2009
JUDGMENT DATE : 29 July 2009
JUDGMENT OF : Smart AJ
DECISION : Governor's approval under s 28(3) of Environmental Planning and Assessment Act 1979 required for zoning change in LEP 194 when taken in conjunction with KPSO (cl 68(2)). Stood over for 21 days for evidence as to whether Governor's approval had been given.
CATCHWORDS : Construction of s 28(3) of Environmental Planning and Assessment Act 1979 - necessity for Governor's approval - consent granted by Ku-ring-gai Council - whether it overrides private restrictive covenant - combination of Ku-ring-gai Council Planning Scheme Ordinance (KPSO) and amending Local Environment Plan 194 altering zoning and thereby allowing cl 68(2) of KPSO to operate
Conveyancing Act 1919 (NSW) Environmental Planning and Assessment Act 1979 (NSW) LEGISLATION CITED : Interpretation Act 1987 (NSW) Local Government Act 1919 (NSW) Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 (NSW)
CATEGORY : Principal judgment
CASES CITED : Coshott v Ludwig (13 or 14 February 1997, unreported, CA Meagher JA, Giles and Simos AJJA)
Cumerlong Holding Pty Limited (Plaintiff) PARTIES : Dalcross Properties Pty Limited (First Defendant) Dalcross Holdings Pty Limited (Second Defendant)
FILE NUMBER(S) : SC 4269/08
COUNSEL : P McEwan SC / N Eastman (Plaintiff) A Galasso SC / G Newport (Defendants)
SOLICITORS : Williamsons Solicitors Pty Ltd (Plaintiffs) Robert Napoli & Co (Defendants)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate