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Australia: Developing public reserves: Issues to consider

In Friends of King Edward Park Inc v Newcastle City Council (No 2) [2015] NSWLEC 76 (Friends of KE), the NSW Land and Environment Court (LEC), found that a development consent granted for a function centre on land reserved for public recreation was invalid. The LEC has also confirmed that land reserved for “public recreation” must not be developed for a purpose which generally excludes the public.

The case highlights relevant considerations for developers and […]

By |May 25th, 2015|

Australia: Contingent claims maturing after termination of DOCA extinguished

BACKGROUND
The Appellants supplied building products and services on credit to Newglen Nominees Pty Ltd (Newglen). Dalesun Holdings Pty Ltd (Dalesun) guaranteed Newglen’s obligations. This guarantee was supported by an equitable charge over Dalesun’s land. Dalesun went into administration and subsequently entered into a deed of company arrangement (DOCA). The DOCA released all claims against Dalesun, including contingent claims. The Appellants did not vote in favour of the DOCA. The DOCA was terminated after its […]

By |May 25th, 2015|

New Zealand: Replacement Christchurch District Plan notified – open for submissions

The second phase of the Christchurch District Plan Review has been notified – which means now is the time to have your say on these proposals. Submissions are open now, and close on 15 June. It’s really important to get a submission in if you are going to be affected by these changes, as this is the only way to protect your right to be heard.

We consider that there are several issues in this […]

By |May 21st, 2015|