NSW Caselaw
New South Wales Supreme Court
CITATION : Cumerlong Holdings Pty Limited v Dalcross Properties Pty Limited & Dalcross Holdings Pty Limited (No 2) [2009] NSWSC 1157
HEARING DATE(S) : 14 October 2009
JUDGMENT DATE : 30 October 2009
JUDGMENT OF : Smart AJ
Leave granted to Minister for Planning to make submissions as amicus curiae on terms as to costs. Judgment of 29 July 2009 vacated. DECISION : Summons dismissed. Orders as to costs. See paragraphs 17 and 33.
CATCHWORDS : Leave to Minister to make submissions as amicus curiae despite delay on terms as to costs - whether restrictive covenant enforceable - correct construction of s 28(2) and (3) of Environmental Planning & Assessment Act 1997 and cl 68(2) of Ku-ring-gai Planning Scheme Ordinance (KPSO) - Operation of LEP 194 - Governor's approval to LEP 194 not required
LEGISLATION CITED : Environmental Planning and Assessment Act 1979 Miscellaneous Act (Planning) Repeal and Amendment Act 1979
CATEGORY : Principal judgment
CASES CITED : Coshott v Ludwig, 13 or 14 February 1997, unreported CA, Meagher JA, Giles and Simos AJJA - 1997 NSW Conv R 56,366
Cumerlong Holdings Pty Limited (Plaintiff) PARTIES : Dalcross Properties Pty Limited (First Defendant) Dalcross Holding Pty Limited (Second Defendant)
FILE NUMBER(S) : SC 4269/2008
PJ McEwen SC and N Eastman (Plaintiff) COUNSEL : A Galasso SC and G Newport (Defendants) J Griffiths SC and C Spruce (Minister for Planning)
Williamsons Solicitors Pty Ltd (Plaintiff) SOLICITORS : Robert Napoli & Co (Defendants) C Hanson (Minister for Planning)
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