| Rossi v Living Choice Australia Ltd (NSWCA) - environment and planning - consents for development - breaches of Environmental Planning and Assessment Act 1979 (NSW) - first notification of determination of consent invalid - relief - appeal allowed in part |
| Shree Shirdi Sai Sansthan Sydney Ltd v Nirmal Taluja (No 2) (NSWSC) - easements - lease - term “right of use” in lease construed as granting an easement |
| Cossens v Petta [No 2] (WASC) - contempt - defendant convicted of contempt for failure to comply with Court order - warrant issued for defendant’s arrest to have him brought before Court for sentence |
| Summaries With Link (Five Minute Read) |
Rossi v Living Choice Australia Ltd [2015] NSWCA 244
Court of Appeal of New South Wales
Basten, Ward & Emmett JJA
Environment and planning - first respondent obtained development approval (Stage 2 consent) for development - first respondent also obtained another consent (Retaining Walls consent) in relation to development - appellant commenced proceedings against first respondent, second respondent Council and third respondent Planning Panel seeking declarations consents void and of no effect - appellant also claimed orders for demolition of units and remedial orders - primary judge made declaration of invalidity in relation to Retaining Walls consent and made remedial orders - primary judge refused to make an order of invalidity in respect of Stage 2 consent - appellant appealed - second respondent Council cross-appealed - first respondent filed notice of contention supporting orders made by the primary judge and has also sought leave to file a cross-appeal - principal questions concerned relief to be ordered when development consent granted under Environmental Planning and Assessment Act 1979 (NSW) found invalid and development is carried out without required development consent - held: Council’s assessment function was not amenable to judicial review - only determination of Panel was amenable to judicial review - Council and Panel breached s79C - declaration of invalidity in respect of first notification of determination of Stage 2 consent - Stage 2 consent not declared invalid - work to be carried out to obviate adverse consequences for appellant’s land from removal of vegetation without appellant’s consent and without development consent - appeal allowed in part.
Rossi
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Shree Shirdi Sai Sansthan Sydney Ltd v Nirmal Taluja (No 2) [2015] NSWSC 1180
Supreme Court of New South Wales
Sackar J
Easements - plaintiff and defendant entered lease agreement which included option to renew - primary dispute concerned whether plaintiff exercised option to purchase - whether term “right of use” in lease should be construed as granting easement - construction of lease - held: Court satisfied phrase “right of use” apt to be construed as granting easement - “right of use” in question no different to right to use particular parts of servient tenement for parking or similar - “right of use” construed as granting an easement.
Shree
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Cossens v Petta [No 2] [2015] WASC 313
Supreme Court of Western Australia
Jenkins J
Contempt - plaintiff sought pursuant to O55 r4(ii) Rules of the Supreme Court 1971 (WA) that defendant be fined, ordered to perform community service work or imprisoned for failing to comply with Court order - held: defendant’s failure to comply with orders was deliberate and voluntary - Court satisfied beyond reasonable doubt defendant was guilty of contempt of court - defendant convicted of contempt of court - appropriate to issue warrant for defendant’s arrest to have him brought before Court for sentence - given seriousness of penalties which Court could impose it was appropriate that defendant be before Court and able to make any plea in mitigation - warrant issued for defendant’s arrest.
Cossens
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