Szabo & Associates News & Updates

Construction disputes often revolve around delays. Delay cases are complex and expert opinion is often sought to provide evidence. But if the expert evidence from each party is contradictory, where is the Court to turn?

The NSW Land and Environment Court has wide-ranging jurisdiction to deal with a variety of disputes involving various diverse parties. One of the areas that give rise to many civil enforcement cases is a failure to obtain necessary planning permission for new buildings as illustrated recently in Sutherland Shire Council v Perdikaris (2019) NSWLEC 149.

Sometimes development application proceedings in the Land and Environment Court will need the support of expert witness evidence. Their evidence, as their Code of Conduct states, is “to assist the court impartially on matters relevant to the area of expertise of the witness”.  However, a recent case illustrates how the very preparation of an application can undermine it by compromising the supporting expert’s credibility.

An interest in land created by a lease can be a valuable asset and must be protected. Commercial leases often include an option to allow the lease to be extended. There are generally strict requirements to be met to exercise the option. These requirements can include the method of giving notice, the notice period before the expiry of the lease and the address for service.

Legislation relating to the management of the environment and land usage is vital for developers in NSW.  When a development application is refused, or conditions have been imposed, understanding the appeals procedure is essential. Here we discuss how development appeals work and the key factors to take into account if you are considering making an appeal.