Sertari Pty Ltd v Quakers Hill SPV Pty Ltd

Sertari Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court concerning a pedestrian management plan. The dispute centred on whether the approved plan satisfied a deferred commencement condition and whether the underlying development consent permitted only vehicular, not pedestrian, use of a right of carriageway.

The Court of Appeal was required to determine whether the development consent was ambiguous regarding the use of the right of carriageway, and whether the reasons provided by the Land and Environment Court for granting the development consent formed part of that consent. Further, the Court had to consider whether the development application was incorporated into the consent, either expressly or by necessary implication.

The Court found that the development consent was not ambiguous and that the reasons given by the Land and Environment Court did not form part of the consent. It was held that the development application was not incorporated into the consent. Consequently, the appeal was dismissed.