CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) (No 3) Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) v Metro Chatswood Pty Ltd [2012] NSWLEC 6

Land and Environment Court New South Wales

Medium Neutral Citation: CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) (No 3) Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) v Metro Chatswood Pty Ltd [2012] NSWLEC 6 Hearing dates: 27 - 30 June 2011, 1 July 2011, 4 - 6 July 2011, 30 December 2011 (Summary of Findings) Decision date: 31 January 2012 Jurisdiction: Class 4 Before: Craig J Decision: 1. In all proceedings heard together, I direct that each of JVCo and CRIC bring in short minutes of orders proposed to be made that are consistent with these reasons for judgment. 2. Stand over the proceedings to 9.15am on Tuesday 7 February 2012 for the purpose of considering the making of orders in accordance with short minutes of orders agreed among the parties. 3. In the event that the parties are unable to agree upon the terms of orders to be made, I will hear argument upon those terms on a date to be fixed when the matter is before me on 7 February next. 4. Costs are reserved. 5. In the event that the parties are unable to agree upon the orders for costs to be made, a date for hearing of argument will also be fixed when the matter is before me on 7 February next, with directions then to be given for steps to be taken in preparation for that hearing. 6. The interlocutory injunction granted on 4 May 2011 is continued until further order. Catchwords: ENVIRONMENT AND PLANNING - civil enforcement of development consent - components of consent included erection of residential buildings and stratum subdivision - subdivision and erection of buildings to be in accordance with nominated plans - plan registered as a deposited plan did not accord with the Development Consent - easements required to be created by development consent not created upon registration of deposited plan - operation of s 196J of the Conveyancing Act in relation to the alteration of a registered plan - breach of the Environmental Planning and Assessment Act (EPA Act) established - parties responsible for breach - discretionary considerations