NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Fokas v Kogarah RSL Club Ltd [2012] NSWLEC 136 Hearing dates: 1, 6 June 2012, 8 June 2012 (applicant's written reply submissions) Decision date: 13 June 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Declaration that condition invalid to the extent that it refers to two particular lots. (2) Declaration as to the proper construction of the balance of the condition. (3) Order that the respondents take all reasonable steps to obtain modification of the condition so that it reads as set out in Declaration 2. (4) Third respondent's notice of motion for order under Vexatious Proceedings Act 2008 stood over. (5) No order as to costs. See [30] of judgment. Catchwords: JUDICIAL REVIEW:- whether a condition of a development consent is invalid - condition requires an easement for access and parking - land benefited and burdened partly misstated - other drafting slips. Legislation Cited: Conveyancing Act 1919 ss 88B, 195 Environmental Planning and Assessment Act 1979 ss 79C, 80A, 96, 98, 123, 124 Real Property Act 1900 ss 46A, 80A Vexatious Proceedings Act 2008 Conveyancing (General) Regulation 2003 Conveyancing (General) Regulation 2008 cll 3, 27, 33, 35 Environmental Planning and Assessment Regulation 2000 cl 283, Parts 5, 9 Cases Cited: Kendall Street Developments Pty Ltd v Byron Shire Council [2004] NSWLEC 227 Westfield Management Ltd v Perpetual Trustee Company Ltd [2006] NSWCA 245 Category: Principal judgment Parties: Maria Fokas (Applicant) Kogarah RSL Club Ltd (First Respondent) Uniting Church in Australia Property Trust (NSW) (Second Respondent) Kogarah City Council (Third Respondent) Representation: COUNSEL: Mrs M Fokas, in person (Applicant) Ms S Hill, solicitor (First Respondent) Mr S Nash (Second Respondent) Mr AM Pickles (Third Respondent) SOLICITORS: N/A (Applicant) Susan Hill & Associates (First Respondent) Gadens Lawyers (Second Respondent) Pikes Lawyers (Third Respondent) File Number(s): 40296 of 2012
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