Tag Archives: nsw court of appeal

Land Rating – When is land used ‘for’ residential accommodation?

A recent decision of the NSW Court of Appeal deals with whether land being developed for the purpose of residential apartments can be categorised as ‘residential’ for rating purposes under s516 of the Local Government Act 1993 (LG Act).

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Defamatory statements in political discussion – when are they protected?

A recent NSW Supreme Court case concerning defamatory statements made against a local councillor provides useful guidance on when the defence of “honest opinion and fair comment” will be made out. This decision assists councillors and other politicians in understanding when the law will and will … Continue reading

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Civil Liability Act – when is a council protected from liability arising from defects in paths and roads?

A recent decision of the Full Bench of the NSW Court of Appeal has reconsidered the special protection councils (in their capacity as roads authorities) have from liability in relation to road work where they do not have actual knowledge of … Continue reading

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Agent or Delegate? Court of Appeal overturns De Angelis v Pepping.

The NSW Court of Appeal has overturned the Land and Environment Court’s finding that a council officer had the authority, as an agent of the council, to sign an instrument amending that council’s local environmental plan, so as to rezone … Continue reading

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Existing use rights – characterising the use by reference to the planning regime at the time

In Jojeni Investments Pty Ltd v Mosman Municipal Council [2015] NSWCA 147 (Jojeni) the Court of Appeal has confirmed that in determining whether land has the benefit of existing use rights, where there is no development consent which might constrain … Continue reading

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Council’s arrangement with third party fails to protect from finding in negligence

Rockdale City Council has lost its appeal against the decision to award substantial damages to a cyclist who suffered severe injury when he rode his bicycle into a boom gate that had been erected by the Council across a public … Continue reading

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Can a council contract out of its statutory obligations when fixing fees for services?

The New South Wales Court of Appeal has issued an important reminder that a council’s general power to enter into contracts does not allow it to charge fees other than those struck in accordance with the mandatory procedures for the fixing of fees for … Continue reading

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The Land Locked Lot and the Park: Court imposed easements

The Court of Appeal has confirmed a Supreme Court decision which saw a land-locked lot at Earlwood granted an easement over the Council’s community land used for (access to) a park. The fact that the purchaser of the land knew … Continue reading

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What is a residential building?

The NSW Court of Appeal recently handed down its decision in GrainCorp Operations Ltd v Liverpool Plains Shire [2013] NSWCA 171 throwing into question the line of authority which had previously interpreted the term ‘residential buildings’ (or similar terms) within an … Continue reading

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Refresher: relevant and irrelevant considerations

A recent Court of Appeal decision, Lo v Chief Commissioner of State Revenue [2013] NSWCA 180 (Lo), provides the  opportunity for a refresher on the permissible scope of relevant and irrelevant considerations; such as, when evaluating a development application (DA).

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