Barlow v Homebush Bay Development Corporation

In *Barlow v Homebush Bay Development Corporation* [1995] NSWCA 39, the New South Wales Court of Appeal considered a dispute between the appellant, Barlow, and the respondent, Homebush Bay Development Corporation. The case concerned the interpretation and application of a development control plan (DCP) and its impact on the appellant's property rights.

The primary legal issue before the Court of Appeal was whether the respondent had acted unlawfully in its dealings with the appellant concerning the development of land adjacent to the appellant's property. Specifically, the Court had to determine if the respondent's actions were consistent with the provisions of the relevant DCP and whether these actions constituted a breach of statutory duty or administrative law principles.

The Court's reasoning focused on the proper construction of the DCP and the extent of the respondent's powers and obligations thereunder. It examined the principles of administrative law, including the duty to act fairly and reasonably, and considered whether the respondent had fettered its discretion or taken irrelevant considerations into account. The Court ultimately found that the respondent's actions were within the scope of its powers and that the DCP had been correctly interpreted and applied in the circumstances.

The appeal was dismissed, with the Court of Appeal affirming the decision of the lower court.