Council of the City of Sydney v Wilson Parking Australia Pty Ltd and

[2015] NSWLEC 42

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Contract
2. › whether undertaking given by party to cease use of premises if class 1 proceedings unsuccessful enforceable as a contract- promise by Council not to seek injunctive relief under s 123 of the Environmental Planning and Assessment Act 1979 - whether supported by valuable consideration
3. › whether agreement involves invalid fetter on statutory powers - whether agreement unenforceable by reason of alleged common or unilateral mistake as to existing use rights
1. Promissory Estoppel
2. › whether party undertaking to cease use of the premises estopped from resiling from promise to do so
3. › reliance
4. › detriment suffered if assumption generated by undertaking departed from
5. › whether unconscionable for party providing undertaking to depart from it
1. Anshun Estoppel
2. › whether First Respondent estopped from asserting existing use right to conduct car park by reason of conduct of earlier class 1 proceedings seeking development consent to operate car park.