Community Association DP 270064 v Registrar-General Department of Lands [2010] NSWSC 1558

New South Wales Supreme Court

CITATION : Community Association DP 270064 v Registrar-General Department of Lands [2010] NSWSC 1558

HEARING DATE(S) : 13 December 2010 JUDGMENT OF : Rein J

EX TEMPORE JUDGMENT DATE : 13 December 2010

DECISION : Proposed termination of neighbourhood scheme and variation of community scheme approved

CATCHWORDS : COMMUNITY LAND DEVELOPMENT – community scheme – variation – s 70 of the Community Land Development Act 1989 (NSW) – Inapplicability of s 70(1)(c) - Whether continuation of scheme is impracticable – where there is unanimous agreement to a proposed termination of neighbourhood scheme and variation of the community scheme

LEGISLATION CITED : Community Land Development Act 1989 (NSW)

CATEGORY : Principal judgment

CASES CITED : Community Association DP 270212 v the Registrar-General for the State of New South Wales [2004] NSWSC 961; (2004) 62 NSWLR 25 Neighbourhood Association DP 285249 v Watson [2008] NSWSC 876; (2008) 162 LGERA 322

Community Association DP 270064 (First Plaintiff) Neighbourhood Association DP 285204 (Second Plaintiff) Neighbourhood Association DP 285394 (Third Plaintiff) Neighbourhood Association DP 285418 (Fourth Plaintiff) Neighbourhood Association DP 285421 (Fifth Plaintiff) PARTIES : Neighbourhood Association DP 285437 (Sixth Plaintiff) Neighbourhood Association DP 285485 (Seventh Plaintiff) Neighbourhood Association DP 285506 (Eighth Plaintiff) Neighbourhood Association DP 285677 (Ninth Plaintiff) Registrar-General Department of Lands (First Defendant) Murray Shire Council (Second Defendant)