In The Media
Port strategy to revitalise Newcastle
Newcastle will be the big winner from the offer of a long-term lease on the city’s port facilities, with the Government announcing in the 2013-14 Budget it will proceed immediately to a scoping study on offering a 99-year lease on the Port of Newcastle (18 June 2012)
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NSW Government delivers billions in projects
The NSW Government’s plan to clear the backlog of hundreds of state significant and major projects has delivered a massive $9.2 billion in approved projects this financial year. The Department of Planning advises it intends to deal with the remaining 29 transitional Part 3A projects expeditiously (13 June 2013)
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Housing Finance, Australia, April 2013 / Australian Bureau of Statistics
The trend estimate for the total value of dwelling finance commitments excluding alterations and additions rose 1.2%. Owner occupied housing commitments rose 1.2% and investment housing commitments rose 1.2%. In seasonally adjusted terms, the total value of dwelling finance commitments excluding alterations and additions fell 0.2% (11 June 2013)
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Cases
Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd [2012] NSWCA 445
REAL PROPERTY – easements – Conveyancing Act 1919 s 88K – preconditions to imposition – whether easement can be imposed subject to undertaking to extinguish it if certain future events do not occur – obligation to assess preconditions in s 88K in light of circumstances existing at time of hearing.
REAL PROPERTY – easements – Conveyancing Act 1919 s 88K – power to order conditional easements – obligation to impose conditions as term of order imposing easement.
REAL PROPERTY – easements – Conveyancing Act 1919 s 88K – preconditions to imposition – reasonable necessity – whether obligation to consider effect on servient tenement.
REAL PROPERTY – easements – Conveyancing Act 1919 s 88K – preconditions to imposition – reasonable necessity – whether easement reasonably necessary for effective use and development of land – obligation to consider whether proposed development appropriate and economically rational – obligation to consider alternative methods of achieving development.
REAL PROPERTY – easements – Conveyancing Act 1919 s 88K – preconditions to imposition – reasonable necessity – effect on servient tenement – whether servient tenement “sterilised” by imposition.
REAL PROPERTY – easements – Conveyancing Act 1919 s 88K – preconditions to imposition – compensation – whether servient tenement able to be adequately compensated – whether possible to assess compensation where easement would create uncertainty as to development of servient tenement.
REAL PROPERTY – easements – Conveyancing Act 1919 s 88K – compensation – appropriate measure of compensation – diminution in land value – whether sufficient evidence to calculate compensation payable.
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Lo v Chief Commissioner of State Revenue [2013] NSWCA 180
TAXES AND DUTIES – land tax – exemptions – principal place of residence – s 10(1)(r) Land Tax Management Act 1956 – decision of Commissioner not to grant exemption reviewed by Administrative Decisions Tribunal – whether ADT treated limited physical presence at the property as determinative factor – whether ADT failed to take into account relevant considerations
APPEAL AND ADMINISTRATIVE LAW – appeal on a question of law from Administrative Decisions Tribunal – whether ADT failed to take into account relevant considerations – whether statute mandated that they be taken into account – analogy to approach in judicial review proceedings – consideration of concept of “taking into account” relevant factors – consideration of Minister for Immigration and Citizenship v Li [2013] HCA 18
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Galea v Farrugia [2013] NSWCA 164
CONTRACT – agreement to supply land fill – whether appellants proved that fill supplied by respondents was contaminated with asbestos
EVIDENCE – tendency evidence – s 97 Evidence Act 1995 – whether respondents supplied contaminated land fill to appellants’ property – relevance of evidence of deliveries of contaminated land fill by the respondents to two other properties.
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Lane Cove Council v Ross (No 14) [2013] NSWLEC 87
CIVIL ENFORCEMENT: dwelling constructed contrary to development consent – whether appropriate to order demolition and reinstatement or whether appropriate to order some other form of relief – demolition and reinstatement ordered – Environmental Planning and Assessment Act 1979, ss 76A(1)(a), 96, 124(1), 149F(3)
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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