Community Association DP270447 v ATB Morton Pty Ltd

• 1. Real Property
  2. › Easements
  3. › Power of court to impose easement
  4. › Reasonable necessity for effective use and development of dominant tenement
  5. › Whether error of law in formulation or application of test
  6. › Whether Shi v ABI-K Pty Ltd qualified Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd
  7. › Conveyancing Act 1919 (NSW), s 88K
  8. › Land and Environment Court Act 1979 (NSW), s 40
• 1. Practice and Procedure
  2. › Parties
  3. › Non-joinder
  4. › Whether lot owners of community scheme necessary parties to application for easement over community association land
  5. › Whether holders of registered easements necessary parties
  6. › Effect of non-joinder where third parties informed and chose not to participate
  7. › UCPR r 6.23
  8. › Land and Environment Court Act 1979 (NSW), s 40(3)
• 1. Practice and Procedure
  2. › Parties
  3. › Appeal against refusal of development consent
  4. › Whether neighbouring landowner necessary party to appeal
  5. › Whether Land and Environment Court had jurisdiction to impose easement where development consent had lapsed
  6. › Land and Environment Court Act 1979 (NSW), s 40(1)
• 1. Judicial Review
  2. › Late application to quash orders of Land and Environment Court granting development consent
  3. › Substantial unexplained delay
  4. › Weakness of case sought to be advanced
  5. › Whether extension of time should be granted
  6. › Orders of superior court of record valid until set aside

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