In The Media
Crown Unsolicited Proposal for Barangaroo
Crown Limited has advised the Department of Premier and Cabinet it will accept the NSW Government’s conditions on its ‘unsolicited proposal’ at Barangaroo. This means the Crown Limited ‘unsolicited proposal’ has now formally moved to Stage 3 (19 July 2013)
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Wentworth Point homes and open space for prime harbour side site
The Department of Planning and Infrastructure has released draft plans to revitalise 18.6 ha of government land at Wentworth Point over 20 years. These plans will help turn this site into a community and open space close to transport, infrastructure and jobs (17 July 2013)
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Strengthening landholder rights
The NSW Premier Barry has announced a strengthening of laws to give landholders a right to legal representation during arbitration. While the current legislation only allows a legal practitioner to represent a party during arbitration if both parties agree, a more level playing field will allow landholders to choose to have legal representation then the licence holder cannot object (17 July 2013)
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Heritage buildings protected
The NSW Government confirmed today that heritage and planning controls will ensure the unique nature of these two landmark buildings is respected and protected. The new planning system reforms are completely unrelated to the sale of the two buildings (09 July 2013)
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New plaza to become iconic Sydney CBD meeting place
Minister for Transport Gladys Berejiklian said a new public space in Sydney’s CBD will become an iconic meeting place, and play a key part in the NSW Government’s Wynyard Walk project, linking Barangaroo with Wynyard Station (09 July 2013)
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Published Articles
Government’s proposal to start emissions trading from 1 July 2014: policy summary
A policy summary outlining the Australian Government’s proposal to start emissions trading on 1 July 2014 has been released on the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education website. The policy summary outlines the proposal to end the fixed-price period of the carbon pricing mechanism and move to an emissions trading scheme on 1 July 2014 (19 July 2013)
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Broader Western Sydney Employment Area (WSEA)
The Broader Western Sydney Employment Area (WSEA) draft Structure Plan was released in June 2013. The draft Broader WSEA Structure Plan is now on public exhibition until 26 August 2013. (20 June 2013)
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Cases
Mamfredas Investment Group Pty Limited (formerly known as MAM Marketing Pty Ltd) v PropertyIT and Consulting Pty Limited & Ors [2013] NSWSC 929
PROPERTY – restriction as to user over parking spaces in strata building – use limited to owners or occupiers of adjoining building – restriction registered before adjoining building developed – adjoining building ultimately developed with its own parking spaces – owner of parking spaces seeks extinguishment of restriction under Conveyancing Act 1919 s 89 – all but three of the owners benefiting from restriction signed releases – three remaining owners filed submitting appearances.
COSTS – plaintiff successful on its application under Conveyancing Act 1919 s 89 – plaintiff and defendants involved in lengthy negotiations before proceedings commenced – defendants’ filed submitting appearances “save as to costs” under UCPR r 6.11 – whether plaintiff should pay defendants’ costs – or whether defendants should pay plaintiff’s costs on an indemnity basis - Conveyancing Act 1919 s 89(a), s 88(2)(d), s 88(3A), s 88B; Uniform Civil Procedure Rules 2005 r 6.11, 42.1
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Blakeney v Mosman Municipal Council(No 2) [2013] NSWLEC 100
DEVELOPMENT APPLICATION – proposed provision of on-site car parking area and construction of an access driveway along an unformed road – whether that road was a ‘public road’ within the meaning of the Roads Act 1993 – whether the Court had the power to consent under s 138 of the Roads Act to construct the access driveway on that road – application of s 39(2) of the Land and Environment Court Act 1979 – impact of driveway construction for private use of land zoned for public recreation purposes – long-term pedestrian use of unformed road for access to harbour side bushland reserve and beach – development inconsistent with objectives of planning controls and bushland management plan – application refused – Environmental Planning and Assessment Act 1979
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Australia and New Zealand Banking Group Limited v Apollo Valley Pty Ltd [2013] NSWLEC 108
CAVEAT – application for extension of operation of a caveat under Schedule 1A of the Water Management Act 2000 – power of Land and Environment Court to extend operation of caveat – caveat lapsing notice issued by Registrar General – equitable interest in water access licence – balance of convenience favoured extension of caveat – operation of caveat extended
PROCEDURE – order under s 31(2)(b) of the Land and Environment Court Act 1979 that proceedings be dealt with under Class 2 – implication of assigning proceedings to Class 2 – conduct of proceedings and way evidence may be received – right of appeal from a decision limited to question of law – importance of matters being assigned to the correct class of jurisdiction
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NSL Pty Ltd v 2 Roslyn Street Pty Ltd [2013] NSWSC 930
Verdict and judgment for the first plaintiff against the first defendant for $110,600 together with interest at Court rates from 15 July 2004 until 15 July 2013, assessed in the sum of $90,000.
LESSOR & LESSEE – lease of premises used for conduct of a nightclub – re-entry by lessor following breach – where lessee’s fixtures, chattels and equipment remained upon premises following re-entry – whether lessor failed to give lessee reasonable opportunity to remove goods – whether lessor converted lessee’s goods.
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