Construction Technologies Australia Pty Ltd v Doueihi & 4 Ors (No. 3) [2015] NSWSC 1850

Supreme Court New South Wales

Medium Neutral Citation: Construction Technologies Australia Pty Ltd v Doueihi & 4 Ors (No. 3) [2015] NSWSC 1850 Hearing dates: 16 November 2015 Decision date: 04 December 2015 Jurisdiction: Equity Before: White J Decision: Notices of motion dismissed. Catchwords: LANDLORD AND TENANT – development approval – landlords and tenant were required to do all things necessary to obtain council development approval – both parties alleged the other was in breach of undertaking or court order – whether the tenant was required to lodge an appeal from a deemed refusal of its application for development approval – whether the landlords should be restrained from doing anything that may have the effect of delaying, frustrating or otherwise hindering the development approval process – where landlords had consented to the tenant's application for development approval but had also lodged objections to the application – both applications dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Construction Technologies Australia Pty Ltd v Doueihi [2014] NSWSC 1717; (2015) 17 BPR 33,457 Construction Technologies Australia Pty Ltd v Edward Doueihi & Ors (9 March 2015, no medium neutral citation) Lizzio v Council of the Municipality of Ryde (1983) 155 CLR 211 Category: Procedural and other rulings Parties: Construction Technologies Australia Pty Ltd (Plaintiff) Edward Doueihi (1st Defendant) Katrina Scott (2nd Defendant) Maria Vatselias (3rd Defendant) Nicole Hogan (4th Defendant) Marble Plus Pty Ltd (5th Defendant) Representation: Counsel: K Rees SC with R A Jedrzejczyk (Plaintiff) W G Muddle SC (Defendants)