Blacktown City Council v Concato [2018] NSWSC 1039

Blacktown City Council v Concato [2018] NSWSC 1039

There are arguable grounds for judicial review of the Valuer-General's determination and a real risk of non-recovery of any overpayment given the absence of evidence of financial capacity from the defendants; therefore, a stay should be granted to preserve the status quo pending the final hearing, subject to conditions protecting both parties' interests.

Parties
Plaintiff/applicant: Blacktown City Council; First Defendant/respondent: Lodovico Antonio Concato; Second Defendant/respondent: Vilma Concato; Third Defendant/respondent: Office of the Valuer-General
Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Judicial Review / Interlocutory Application for Stay Pending Final Hearing
Outcome
Stay of legal effect of compensation determination granted on conditions pending final hearing
Legal Topics
Stay of Administrative Action, Judicial Review, Compensation Determination, Land Acquisition Procedure
Administrative Law Compulsory Acquisition Compensation Stay of Administrative Action Judicial Review Compensation Determination Land Acquisition Procedure

Case Brief

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Parties

Blacktown City Council

Plaintiff/applicant

Lodovico Antonio Concato

First Defendant/respondent

Vilma Concato

Second Defendant/respondent

Office of the Valuer-General

Third Defendant/respondent

Procedural Posture

Judicial Review / Interlocutory Application for Stay Pending Final Hearing

Legal Issues

  1. 1 Whether the Court has power to grant a stay of the Valuer-General's compensation determination pending judicial review
  2. 2 Whether the determination of the Valuer-General conformed to law
  3. 3 Whether interim relief should be granted to maintain the status quo

Ratio Decidendi

There are arguable grounds for judicial review of the Valuer-General's determination and a real risk of non-recovery of any overpayment given the absence of evidence of financial capacity from the defendants; therefore, a stay should be granted to preserve the status quo pending the final hearing, subject to conditions protecting both parties' interests.

Court Disposition

Stay of legal effect of compensation determination granted on conditions pending final hearing

Orders

  • The legal effect of the Valuer-General's compensation determination of 7 June 2018 is stayed until resolution of the proceedings, subject to: payment by plaintiff to first and second defendants of $12,650,000 (less mortgage discharge) on account of compensation; payment of additional $3,984,381 into a controlled...
  • Plaintiff's statutory entitlement to deed of release, indemnity, and title document upon completion of claim for compensation is preserved.