Perry Properties Pty Limited v Georges River Council [2023] NSWLEC 51

Perry Properties Pty Limited v Georges River Council [2023] NSWLEC 51

The acquisition was for an authorised purpose—public recreation—consistent with the land's zoning and Council's resolution; there was insufficient evidence of an ulterior purpose, and the requirements of the Acts were complied with, including the procedural negotiation requirements under the Just Terms Act. The further amended summons was dismissed as none of the grounds were made out.

Parties
First Applicant: Perry Properties Pty Ltd; Second Applicant: Vince Perry; Third Applicant: Maria Perry; Fourth Applicant: Anthony Perry; Fifth Applicant: Rosina Perry; Sixth Applicant: Joanna Perry; First Respondent: Georges River Council; Second Respondent: The Minister for Local Government; Third Respondent: National Australia Bank; Fourth Respondent: International Buddhist Association of Australia Co-operative Limited
Jurisdiction
Australia
Judgment Date
11 May 2023
Procedural Posture
Class 4 Enforcement Proceedings / Final Judgment Following Hearing
Outcome
The further amended summons is dismissed.
Legal Topics
Compulsory Acquisition of Land, Public Purpose, Ministerial Approval, Negotiation Requirements Under Just Terms Act, Statutory Interpretation
Administrative Law Local Government Law Compulsory Acquisition Property Law Compulsory Acquisition of Land Public Purpose Ministerial Approval Negotiation Requirements Under Just Terms Act +1 more

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Parties

Perry Properties Pty Ltd

First Applicant

Vince Perry

Second Applicant

Maria Perry

Third Applicant

Anthony Perry

Fourth Applicant

Rosina Perry

Fifth Applicant

Joanna Perry

Sixth Applicant

Georges River Council

First Respondent

The Minister for Local Government

Second Respondent

National Australia Bank

Third Respondent

International Buddhist Association of Australia Co-operative Limited

Fourth Respondent

Procedural Posture

Class 4 Enforcement Proceedings / Final Judgment Following Hearing

Legal Issues

  1. 1 Whether the acquisition of land was for an authorised public purpose under the Local Government Act
  2. 2 Whether Georges River Council misled the Minister for Local Government in its application for compulsory acquisition
  3. 3 Whether the negotiation requirements under s 10A of the Land Acquisition (Just Terms Compensation) Act 1991 were satisfied

Ratio Decidendi

The acquisition was for an authorised purpose—public recreation—consistent with the land's zoning and Council's resolution; there was insufficient evidence of an ulterior purpose, and the requirements of the Acts were complied with, including the procedural negotiation requirements under the Just Terms Act. The further amended summons was dismissed as none of the grounds were made out.

Court Disposition

The further amended summons is dismissed.

Orders

  • The further amended summons is dismissed.
  • The parties to file submissions, no longer than five pages in length, on the question of costs by Wednesday, 17 May 2023.