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In the Supreme Court of Victoria at Melbourne

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In the Supreme Court of Victoria at Melbourne IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMON LAW DIVISION PROPERTY LIST No. SCI 20J6 01810 IN THE MATTER of an application by SANDRA DEL PAPA for the modification of covenant 2596731 pursuant to s. 84(1) of the Property Law Act 1958 (Vic.) BETWEEN: SANDRA DEL PAPA Plaintiff and ASHLEY FALTING AND OTHERS (in accordance with the attached schedule) Defendants AFFIDAVIT SANDRA DEL PAPA Date of Document: 3 May 2017 Filed on behalf of: The Plaintiff Subdivision Lawyers Tel: 0488 542 24 7 Solicitors Email: [email protected] 2 Camoustic Parade Ref: Mr. S. Libbis Heatherton Vic. 3202 Solicitor's Code: 103702 I. SANDRA DEL PAPA of 29 Frank Street, Balwyn North in the state of Victoria MAKE OATH AND SAY as follows: 1. I make this affidavit from my own knowledge and belief except where otherwise stated. 2 2. I make this affidavit in support of an application by me for the modification of covenant 2596731 pursuant to s. 84(1) of the Property Law Act 1958 (Vic). 3. The reason that I am seeking to have the covenant modified is so that T can develop the property. 4. Now produced and shown to me and marked "SDP-1" arc the plans for the proposed development of the property. SWORN by the deponent SANDRA DEL PAPA at (_ o.,.J in the state of Victoria this dayof '\-I; 2017. ) Before me: ~r.- 3 SCHEDULE OF PARTIES SANDRA DEL PAPA Plaintiff ASHLEY FALTING First Defendant FERDJNAND GElSTENDOR Second Defendant LTWANG Third Defendant YUAN ZHAO Fourth Defendant MEL FORBES Fifth Defendant ANN BALFE Sixth Defendant KEN BJGGINS Seventh Defendant DARREN INGRAM Eighth Defendant ANNA CANDlLORO Ninth Defendant RALPH CANDILORO Tenth Defendant ANGELA JONES Eleventh Defendant DARREN JONES Twelfth Defendant DAN CHAU Thirteenth Defendant CITY OF BOROONDARA Fourteenth Defendant IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMON LAW DIVJSJON PROPERTY LIST No. S Cl2016 01810 IN THE MATTER of an application by SANDRA DEL PAPA for the modification of covenant 2596731 pursuant to s. 84(1) of the Property Law Act 1958 (Vic.) BETWEEN: SANDRA DEL PAPA Plaintiff and ASHLEY FALTING AND OTHERS (in accordance with the attached schedule) Defendants EXHIBIT NOTE "SDP-1" Date ofDocument: 3 May 2017 Filed on behalf of: The Plaintiff Subdivision Lawyers Tel: 0488 542 247 Solicitors Email: sl [email protected] 2 Camoustic Parade, Ref: Mr. S. Libbis Heatherton Vic. 3202 Solicitor's Code: 103702 This is the exhibit marked "SOP- I" referred to in the affidavit of SANDRA DEL PAPA 2017 Before rne: . .......... L DEMOS $er:. ~'3 t Of P1.i•r, ?104 so~·~ :d::- o P · '· •t" '1 ::l4 hmt.J ko , •.• 1l 1 I .I I / I l ww.._I / 'L - I I ~~--~·~ .. / / • I \ I • 1A ',, 2A BASEMENT I LOWER GROUND FLOOR PLAN - OPTION A ~ 1 IOO O A.I/1 1:2000 A3 FRANK STREET - AVH """"""'TilLE ...... ENT / LOWER (IA()OJNO FlOOR ....... OI'I10N. H01 rT\ studi •abode • I I I ~ • SCHEMATIC DESIGN ISSUE - DA"it" rllli'IJAAT zn7 -- -- ~A1 i ,,.,..Q sc '-J I I ( i ; \ J / I / r··········· I 0! """"" AREA ANALYSIS J I \ .._. • •., .... ,., ... \ I ; I I \ • 2A ... - GROUND FLOOR PLAN • OPTION A I SC..U I 100 0A1 /112000A3 FRANK STREET IJAAW't.a nnt OAOUNO FLOOR PlAN · <PnOH A SCH02 (f\ SCHEMATIC DESIGN ISSUE ~....... .. iiiii{.i v ~. = D .-::_ -- 1A 2A FIRST FLOOR PLAN - OPTION A SCALE 1 10D@A1 I/1200@A3 FRANK STREET SCHEMATIC DESIGN ISSUE ~i'Ot1 ~:. ".--~ --OAAWN)Jillf ARSTFlOORPl.AN-OFnONA................. ,..... SCH03 vr T \ I '· '\ \ - ( I \. \ • • I I 1.. r-·------ ------ -- i l_ '~ • ~ I • I 18 / 28 I 38 BASEMENT I LOWER GROUND FLOOR PLAN - OPTION B SCALE 1 100 @ Al/l 1200fJAJ FRANK STREET SCHEMATIC DESIGN ISSUE SCH04 C) / ;I \ I I 1/ I / I \ I \ \ r- ... AREA ANALYSIS 7 I I I I l / I .,.~J I •l ....... ..... """' \ • J 28 38 ""'"""""' GROUND FLOOR PLAN • OPTION 8 SCALE I 1006lA11/13Xl0Al FRANK STREET SCHEMATIC DESIGN ISSUE --~:1:117 : !U_II _ - -- -·- - -· ""' -· ·~--· ····- ' I I - - I --~· - - F-;n:o8 l:J 7 - --, 8 E~ ) I - ~ ~M~ 8._ - 0 )~ -· ~ :0 - ~ ' ••-- = I - I r ..:_ • ,.., I - ---· D f\ 1-1 .. ... ~ I= r-- 1 ;- - -·--· I"' I - I "-I ""' r - 3 It .....--- - ~ - --·-· ,__:__,., - =~Ji8 ..._,.... ~· 1. - - ,--, I '------ ~ I ~ I ! I I I I I 18 128 38 FIRST FLOOR PLAN - OPTION 8 SCALE 1 100CPAI II 1 200@ Al FRANK STREET SCHEMATIC DESIGN ISSUE DAA.W..Omu.--. FIRSTROOA""''' •oo••·PlAN •-OP'TlON•""•"B SCH06 C) CD ~ z z 0 0 ~ ~ Q. Q. 0 0 I en en z oz _ Q l? - < .... .... ~ ~ Po w~ ~ w: ...I . ...J : w ~ w< ....z -~ ...z 8- o: oa: -"i ff § u.. ~ .
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