79 BEACONSFIELD STREET NEWPORT

REAL PROPERTY – Crown land – sub-leases of berths in a marina – whether use of certain additional berths by sub-lessor constituted breaches of headlease – whether sub-lessor in breach of sub-leases by doing something which might prejudice or give grounds for termination of its interest under headlease – whether existence of additional berths required sub-lessor to vary tenant’s contributions ENVIRONMENTAL PLANNING LAW – Local Environmental Plan provides that agreements imposing restrictions upon the carrying out of development in accordance with consent do not apply – whether carparking provisions in sub-lease are inconsistent with condition of development consent – whether provisions impose restriction upon the carrying out of development in accordance with consent – Pittwater Local Environmental Plan 1993, clause 39(1) REAL PROPERTY – sub-leases of berths in a marina – sub-lessees obliged to pay share of Outgoings – construction of definition of Outgoings – whether certain amounts paid or payable by sub-lessor “in connection with” marina – whether sub-lessor under an obligation to pay certain amounts – whether certain amounts fell within particular paragraph of definition – whether sub-lessor impermissibly charged amounts as Outgoings