Published – articles, papers, reports
Telstra considering plan to remove asbestos from all pits amid NBN scare
Telstra is considering a long-term plan to completely remove asbestos from all its pits, amid concerns members of the public may have been exposed to the deadly fibres (06 June 2013)
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Green Star building benefits proven in new report
Green Star buildings are slashing greenhouse gas emissions, making significant savings on energy and water consumption and costs, and preventing truckloads of waste to landfill, a report has found (05 June 2013)
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NSW housing approvals up 33%
Figures released today by the Australian Bureau of Statistics (ABS) reveal 3884 new homes were approved in April this year, compared with 2914 in March (30 May 2013)
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Sale of Queen Mary Building moves to Stage 3
NSW Premier Barry O’Farrell announces an unsolicited proposal from Sydney University to acquire the vacant Queen Mary Building on the Royal Prince Alfred Hospital Campus had moved to Stage 3 consideration. Under the proposal, the QMB will be purchased by the university for $27 million excluding GST, and be developed for affordable student accommodation (29 May 2013)
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Cases
Willoughby Council v Vlahos [2013] NSWLEC 71
The defendant is fined the sum of $12,500.
PROSECUTION – breach of s 125 of the Environmental Planning and Assessment Act 1979 – plea of guilty – removal of a tree required to be retained by conditions of a development consent – environmental harm – refusal of order under s 10 of the Crimes (Sentencing Procedure) Act 1999
Crimes (Sentencing Procedure) Act 1999; Criminal Procedure Act 1986; Environmental Planning and Assessment Act 1979
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Tyneside Property Management Pty Ltd & ors v Hammersmith Management Pty Ltd & ors [2013] NSWSC 635
CONTRACT – claim for damages by plaintiff manager against defendant owner for repudiation of contract for project management of subdivision development – no question of principle – whether contract had been discharged by agreement – whether manager was in default under contract – whether manager had failed to comply with directions of owner – whether warranty by manager that it had the skill, experience, competence and ability to manage the project was not true and correct CONTRACT – cross-claim for repayment of money advanced under contract JOINT OBLIGATIONS – whether necessary to join all joint obligors
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C&P Syndicate Pty Ltd v Reddy [2013] NSWSC 643
CONVEYANCING – options – construction and operation of put option – dispute concerning whether letter purporting to exercise put option was received together with contracts of sale – whether put option was duly exercised. EQUITY – equitable remedies – specific performance – jurisdiction and availability – whether (and if so, in what circumstances) innocent party is entitled to orders for specific performance upon election to treat repudiation of wrongdoer as discharging contract – whether plaintiff is entitled to order for specific performance in aid of damages claim for breach of contract.
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Foxman Environmental Development Services Pty Ltd v Wollondilly Shire Council [2013] NSWLEC 68
CIVIL ENFORCEMENT: deposit of fill material contaminated with asbestos, lead and other foreign materials and carrying out of earthworks works on land – whether contrary to development consent – whether contaminated fill material on land constituted “waste” – whether waste exemptions applied to deposited material – whether depositing of contaminated fill material on land constituted use of land for the purpose of a “waste management facility or works” – whether construction certificate issued after works commenced void and of no effect – whether transportation of waste and use of land as a waste facility in contravention of the Protection of the Environment Operations Act 1997 – whether carrying out of works constituted land and water pollution in contravention of the Protection of the Environment Operations Act 1997 – whether carrying out of filling works on “waterfront land” was a “controlled activity” for which approval was required in contravention of Water Management Act 2000 – whether all or some of the respondents liable for contraventions – meaning of word “causes” – meaning of word “permits”.
DEVELOPMENT APPLICATION: whether new development application in respect of works was in respect of designated development – whether proposed development constituted use of land for the purpose of a “waste management facility or works”.
DECLARATIONS AND INJUNCTIONS: whether appropriate to grant declaratory, injunctive and remedial relief – scope of discretion.
Environmental Planning and Assessment Act 1979, ss 5, 5A, 76A(1)(a), 77A, 78A, 79, 96, 109F(1A), 121B, 124
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Contact Us
Lachlan Paterson Partner
Direct Line: (02) 8289 5895
lpaterson@millsoakley.com.au
Catherine Hallgath Partner
Direct Line: (02) 8289 5806
challgath@millsoakley.com.au
Vera Visevic Partner
Direct Line: (02) 8289 5812
vvisevic@millsoakley.com.au