Settlers Estate Pty Ltd v Penrith City Council [2021] NSWCA 13 (23 February 2021) (Gleeson JA at [1]; Payne JA at [2]; Preston CJ Of Lec at [3])


Catchwords:


APPEAL – breach of development consent –construction certificate part of development consent – drainage line not constructed in location shown on construction certificate plan – construction of construction certificate plan – whether misconstruction – judicial notice – whether common knowledge – refusal of leave to reopen – whether denial of procedural fairness – whether incorrect factual or legal assumption – leave to appeal refused