Case note: Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd

摘要

In the recent decision of Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd,1 the High Court allowed an appeal from the NSW Court of Appeal regarding the operation of s 28 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). The High Court granted an injunction to prevent a development permitted by an environmental planning instrument but prohibited by a private covenant, on the basis that the relevant provision in the environmental planning instrument had not been approved by the Governor.