CASES

 

High Court of Australia

Hillpalm P/L v Heavens Door P/L (2004) 220 CLR 472

New South Wales Court of Appeal

Gordon v Lever [2018] NSWCA 43

LDF Enterprise Pty Ltd v State of NSW & Ors [2017] NSWCA 89

 Beverley Yule v Darcy Smith (No 2) [2012] NSWCA 301

 Beverley Yule v Darcy Smith [2012] NSWCA 191

Meriton Apartments P/L v Council of the City of Sydney [2011] NSWCA 17 

Residents Against Improper Development Inc v Chase Property Investments Pty Ltd (No 2) [2006] NSWCA 375

Residents Against Improper Development Inc & Anor v Chase Property Investments Pty Ltd [2006] NSWCA 323; (2006) 149 LGERA 360

Kyogle Shire Council v Muli Muli LALC [2005] NSWCA 4; (2005) 62 NSWLR 361 

Muli Muli LALC v Kyogle Shire Council [2005] NSWLEC 268 (costs on the remitter from NSWCA)

Murrumbidgee Groundwater Preservation Association Inc v Minister for Natural Resources [2005] NSWCA 10; (2005) 138 LGERA 11

Wilkie v Blacktown City Council & 3 Ors [2002] NSWCA 284; (2002) 121 LGERA 444

Recent Cases

Gordon v Lever [2018] NSWCA 43 - successfully appealed for the dominant tenement holder from unfavourable finding by Sackar J as to terms of use of easement for ROW over neighbouring land - exercise of power under s88K(3) Conveyancing Act - proceedings remitted to be determined according to law

Environment Protection Authority v Golding (2 counts) (settled February 2018), appeared for the Defendant in Land and Environment Court class 5 prosecution under Native Vegetation Act 2003 (now repealed), settled with costs payable to client

Gordon v Lever [2017] NSWSC 1282 – appeared for the Plaintiff seeking a s88K easement for a ROW over an existing track in use over rural land in Northern NSW 

Midcoast Council v LDF Enterprise Pty Ltd;  LDF Enterprise Pty Ltd v Midcoast Council [2017] NSWLEC 136 (settled) – appeared for the land owner LDF Enterprise Pty Ltd in a complex enforcement case in class 4 and related class 1 appeal against a s121B Stop Work Order raising a question of law as to the validity of the s121B Order

Council of the City of Sydney v The Owners SP 18820 [2017] NSWLEC 81 - appeared for the Respondent in contempt proceedings in relation to s121B Fire Orders

Zucker v Owners SP 85312 & 2 Ors NCAT SC 17/03762 April/June 2017, appeared for the second and third respondents resisting an application by another lot owner Mr Zucker seeking the appointment of a compulsory strata manager under s237(1) Strata Schemes Management Act 2015 - application dismissed 22 Sept 2017

Thomas & Anor v Holmes & Anor [2017] NSWLEC 1192 - appeared for the applicant - class 2 tree matter

Owners SP89302 v Toplace P/L & 1 Or - appeared for the Plaintiff in a large building defects matter in the Supreme Court for the Plaintiff: June 2016 - Jan 2017

Owners SP89302 v Council of the City of Botany Bay & 2 Ors – developer non-compliance Fire Safety conditions of consent (commenced by previous lawyers in the wrong jurisdiction) - settled: August/September 2015

Horne v James [2015] NSWSC 465 – rural land plus irrigation water contractual dispute

The Owners Corporation Nos SP74667, SP74670, SP74662 v Auburn City Council & 1 Or (3 matters Supreme Court and LEC) – settled; three related LEC proceedings mediated by Commissioner O’Neill and resolved with consent orders – non-compliance with s 121B Fire Orders, private certifier's role, negligent certification of residential flat buildings – Pt 4A Environmental Planning and Assessment Act 1979: 2013 – 2015

The Owners Corporation SP Nos 74667; 74670 and 74662 v Auburn City Council [2015] NSWSC 86, costs when  proceedings settled, offer of compromise under the UCPR 20.26

Owners SP432 v Seddon, Larsen & Manly Council [2015] NSWLEC 69 – appeared in the Land and Environment Court for the applicant Owners Corporation: June 2014, May 2015

Appeared (unled) in March/April 2014 for the (then) portfolio Minister for Sydney Water Corporation, the Hon Greg Pearce MLC, before Commissioner Latham at the Independent Commission Against Corruption (ICAC) in Operation Credo:  "Investigation into dealings between Aust Water Holdings P/L and Sydney Water Corporation and NSW public officials and Members of Parliament"; report released August 2017

Gosford City Council v Verde Terra Pty Ltd (No 2) [2013] NSWLEC 62

Beverley Yule v Darcy Smith [2013] NSWSC 209

Gosford City Council v Verde Terra Pty Ltd [2013] NSWLEC 20

Alamein & Anor v Pittwater Council [2012] NSWLEC 1194

Ferral-Smith v Villanueva (No 2) [2011] NSWLEC 206

Ferral-Smith v Villanueva [2011] NSWLEC 204

Freshwater Village Developments Pty Ltd v Warringah Council [2011] NSWLEC 5

Parks and Playgrounds Movement Inc v Newcastle Council [2010] NSWLEC 231

City of Sydney Cases - 2007 to 2009 separately listed