In November 2017, we reported on the decision in Louisiana Properties Pty Ltd v Hakea Holdings Pty Ltd; Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd (No 2) [2017] NSWLEC 147 (Louisiana Properties).
In that case, the NSW Land and Environment Court held that a private road forming part of the subject matter of those proceedings was a ‘building’ for the purposes of the environment.
On 24 October 2018, the NSW Court of Appeal overturned this finding. Its reasons for so doing are briefly summarised in this case note.