Recent Cases

Universal 1919 Pty Ltd v 122 Pitt Street Pty Ltd [2020] NSWCA 50 (27 March 2020) (Macfarlan JA at [1]; Meagher JA at [35]; Gleeson JA at [36])


Catchwords:


ADMINISTRATIVE LAW – denial of procedural fairness – whether common law right to procedural fairness excluded by statute – Environmental Planning and Assessment Act 1979 (NSW) Sch 5 – legislative intent plain

ENVIRONMENT AND PLANNING – statutory interpretation – whether carving into cement render of wall constitutes “development” – Environmental Planning and Assessment Act 1979 (NSW) s 4.2 – whether development consent obtained