Recent Cases

Feldkirchen Pty Ltd v Development Implementation Pty Ltd [2022] NSWCA 227 (09 November 2022) (Macfarlan and Meagher JJA, Preston CJ of LEC)


JUDICIAL REVIEW – modification of development consent – conditions governing exercise of power – consideration of reasons for grant of consent – whether reasons given – found no breach of condition if no reasons given – satisfaction that modified development substantially the same as originally approved development – whether opinion of satisfaction formed – not proven opinion not formed