NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Roads and Maritime Services v Devine Marine Group Pty Ltd [2013] NSWSC 1467 Hearing dates: 23 - 27 September 2013 Decision date: 04 October 2013 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: Judgment for the plaintiff for possession of land and adjacent waterways Catchwords: REAL PROPERTY - entitlement to possession of land - whether merely monthly licence - whether lease granted - whether there was a "grant" of interest in land by reason of consent to development application
CONTRACT - construction of licence and lease agreements - implied terms
CONSUMER LAW - misleading or deceptive conduct - Fair Trading Act 1987 - Australia Consumer Law - whether government body carrying on a business
EQUITY - unconscionability - bad faith
PRACTICE AND PROCEDURE - whether admission made - whether authority to make admission - whether reason to doubt admission Legislation Cited: Competition and Consumer Act 2010 (Cth) Environmental Planning and Assessment Act 1979 Fair Trading Act 1987 Fair Trading Amendment (Australian Consumer Law) Act 2010 Interpretation Act 1987 Trade Practices Act 1974 (Cth) Transport Administration Act 1988 Cases Cited: BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Corrections Corporation of Australia Pty Ltd v Commonwealth of Australia [2000] FCA 1280; (2000) 104 FCR 448 Damberg v Damberg [2001] NSWCA 87; (2001) 52 NSWLR 492 JS McMillan Pty Ltd v Commonwealth of Australia (1997) 77 FCR 337 Texts Cited: Megarry & Wade, The Law of Real Property, 8th ed (2012) Category: Principal judgment Parties: Roads and Maritime Services (plaintiff) Devine Marine Group Pty Ltd (first defendant) Consistent Shipping Pty Ltd (second defendant) Representation: Counsel: J A C Potts (plaintiff) J R Dupree (defendants) Solicitors: Maddocks Lawyers (plaintiff) Corporate Network Legal (defendants) File Number(s): SC 2012/284711 Publication restriction: Nil
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate