15-19 ONSLOW AVENUE ELIZABETH BAY

ENVIRONMENT AND PLANNING – Jurisdiction of Supreme Court – whether engaged – Exclusive jurisdiction of Land and Environment Court ENVIRONMENT AND PLANNING — Development Consent — Conditions – whether use of parking lots by “occupants” precluded non-resident owners of parking lots from using their lots ENVIRONMENT AND PLANNING — Court of Appeal — Jurisdiction and powers — Class 4 application LAND LAW — Strata title — Owners corporation – whether by-law validly made LAND LAW — Strata title — Strata plan — Strata plan of subdivision – whether consent to subdivision vitiated use conditions in Development Consent

EQUITY — whether the Development Consent issued in February 1969 by Sydney City Council permits the Plaintiffs, as owners of parking lots in the apartment complex Elizabeth Bay Gardens (“EBG”) who do not reside in EBG, to park their vehicles in those parking lots - meaning of “occupants of the building” in the Development Consent – whether the approval by Council of the plan of subdivision for EBG in October 1970 permits the Plaintiffs to park their vehicles in the parking lots created by the Strata Plan – consideration of s 20 of the Conveyancing (Strata Titles) Act 1961 (NSW).