Lewis v Petrie
Supreme Court of Victoria
Gorton J
07/11/2022
[2022] VSC 673
Planning and environment — Easement — Restrictive covenant — Prohibition of planning permit in breach of registered restrictive covenant — Implied easement in owners corporation rules — Definition of ‘restriction’ in Subdivision Act 1988 — Whether inhibitions on works in owners corporations rules constituted restriction as defined — Whether grant of permit futile in absence of consent of owners corporation — Planning and Environment Act 1997 (Vic), s 61(4) — Subdivision Act 1988, ss 3, 12(2)
Words and phrases — ‘restriction’ — ‘registered restrictive covenant’
Read the judgment here.