In the media
Government defers abolition of taxes again
The NSW Government has announced it will again defer the abolition of several business taxes despite its commitment to scrap them by 1 July 2013 (09 May 2013)
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Cases
McNeil v Narrabri Shire Council [2013] NSWCA 112
Appeal dismissed with costs. LOCAL GOVERNMENT – whether order made by council under s 124 of Local Government Act valid – whether order stated what was required to be done
LOCAL GOVERNMENT – whether order under item 21 of s 124 for demolition valid LOCAL GOVERNMENT – whether trespass by council where order referred only to one of two parcels of real property on the premises – where order referred to address of premises containing both parcels
LOCAL GOVERNMENT – whether s 124 order invalid for lack of jurisdictional fact – presumption of regularity – onus on appellant to prove jurisdictional fact did not exist – where opinion evidence of appellant inadmissible – whether friable asbestos on premises – definition of “friable asbestos” – where bonded asbestos affected by fire
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Dobrohotoff v Bennic [2013] NSWLEC 61
DEVELOPMENT CONSENT: whether short term holiday rental accommodation was prohibited development within the relevant zone – whether the development was “for the purpose of” use as a “dwelling-house” – whether the property was a “dwelling” – whether the property was being used or occupied or capable of being used or occupied as “a separate domicile” – development prohibited.
DECLARATIONS AND INJUNCTIONS: whether appropriate to make declaration – declaration made – whether appropriate to grant interlocutory relief – injunction granted but stayed for limited period of time to mitigate financial impact on respondent – whether appropriate to make notification order of declaratory and injunctive relief granted – notification order refused.
Environmental Planning and Assessment Act 1979, ss 4, 76B, 123, 124, 149
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Segal v Barel [2013] NSWCA 92
REAL PROPERTY – partition of land – partition or sale in partition actions – statutory trust for sale or partition – where primary judge granted one co-owner’s application for appointment of trustees for partition in preference to the other co-owner’s application for appointment of trustees for sale – finding that partition would be “more beneficial for” the co-owners than sale – nature of the “more beneficial” assessment – whether non-financial matters may be taken into account – nature of “partition – whether partition achieved if each co-owner receives one lot in a strata subdivision – nature of equitable co-ownership of strata scheme common property by lot owners discussed – such equitable co-ownership incompatible with partition – REAL PROPERTY – partition of land – ancillary matters – financial adjustments – “equality money” – taking of account to ascertain co-owners’ contributions to expenditure enhancing the value of the land Conveyancing Act 1919, Division 6 of Part 4, ss 66F, 66G, 66H
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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