In a recent case, the Court of Appeal has once again considered an issue which arises in a range of different statutory contexts – what constitutes “land” or an “interest in land”? In this case, the issue for the Court’s…
The common law principle of “standing” determines whether a person is entitled to commence proceedings in a particular forum or in respect to a particular issue. Demonstrating a “special interest” in the subject matter of proceedings has generally been sufficient…
Introduction In a recent decision, the NSW Court of Appeal once again considered the correct approach to the characterisation of land uses, in this case concerning agriculture. The Court dismissed an appeal from a judgment of the Land and Environment…
The Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) provides that an owner of an interest in land which is divested, extinguished or diminished by a compulsory acquisition is entitled to compensation. The NSW Court of Appeal has…
A recent decision by the NSW Court of Criminal Appeal (CCA) confirms that the Land and Environment Court (LEC) has the power to summarily dismiss a summary prosecution prior to final hearing when an essential condition of criminality cannot be…
In the recent case of Council of the City of Sydney v Bishop [2019] NSWCA 157, the Court of Appeal has analysed the operation of s5F of the Civil Liability Act 2002 (CL Act). This section sets out the meaning of…
This update will consider two recent decisions of the Land and Environment Court in which Commissioners, when determining appeals in Class 1 of the Court’s jurisdiction, declined to grant development consent on jurisdictional grounds.
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).
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…
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…
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…
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…