The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Pty Limited and Ors (No 1) [2012] NSWSC 298

Supreme Court New South Wales

Medium Neutral Citation: The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Pty Limited and Ors (No 1) [2012] NSWSC 298 Hearing dates: 29 March 2012 Decision date: 29 March 2012 Jurisdiction: Equity Division Before: Pembroke J Decision: See paragraph [16] Catchwords: STATUTORY INTERPRETATION - Section 109ZK of Environmental Planning and Assessment Act - effect of repeal of Clause 34 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 - effect of Clause 2 of Schedule 6 of Statute Law (Miscellaneous Provisions) Act (No 2) 2011 - effect of Section 30 Interpretation Act 1987 STATUTORY INTERPRETATION - Clause 8(2)(b) of Schedule 1 of Civil Liability Act - effect of repeal of Clause 34 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 - whether repeal of Clause 34 affects the operation of Clause 8(2)(b) Legislation Cited: Civil Liability Act 2002 Civil Liability Regulation 2009 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 Interpretation Act 1987 Statute Law (Miscellaneous Provisions) Act (No 2) 2011 Category: Separate question Parties: The Owners Corporation of Strata Plan 61390 - plaintiff Multiplex Corporate Agency Pty Limited - first defendant Multiplex Limited - second defendant Colonial Financial Corporation Limited - third defendant Pia Francesca Design Pty Limited - sixth defendant WSP Lincolne Scott Pty Limited - seventh defendant Representation: Counsel: J Simpkins SC with J Young - for the plaintiff J Stoljar SC with T J Breakspear - for the first and second defendant S R Donaldson SC with M P Elliott - for the third defendant D Miller SC - for the sixth defendant B McManus - for the seventh defendant Solicitors: Colin Biggers and Paisley - for the plaintiff Watson Mangioni Lawyers Pty Limited - for the first and second defendants Henry Davis York - for the third defendant Wotton + Kearney - for the sixth defendant Kennedys - for the seventh defendant File Number(s): 2005/00270936