Blacktown City Council v Concato (No 2) [2019] NSWSC 99

Blacktown City Council v Concato (No 2) [2019] NSWSC 99

Leave to further amend the summons is granted as the issue concerning s 59(1)(a) of the Act was raised in substance at all relevant stages despite pleading error, the explanation for the error is accepted as inadvertent, and any prejudice to the defendants is not irreducible given the discretionary nature of remedies and procedural safeguards under the legislation.

Parties
Plaintiff: Blacktown City Council; First Defendant: Lodovico Antonio Concato; Second Defendant: Vilma Concato; Third Defendant: Office of the Valuer General
Jurisdiction
Australia
Judgment Date
30 January 2019
Procedural Posture
Judicial Review / Interlocutory Application on Amendment of Pleading
Outcome
Leave to further amend the summons granted
Legal Topics
Just Terms Compensation, Legal Costs, Amendment of Pleadings
Administrative Law Compulsory Acquisition Statutory Interpretation Just Terms Compensation Legal Costs Amendment of Pleadings

Case Brief

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Parties

Blacktown City Council

Plaintiff

Lodovico Antonio Concato

First Defendant

Vilma Concato

Second Defendant

Office of the Valuer General

Third Defendant

Procedural Posture

Judicial Review / Interlocutory Application on Amendment of Pleading

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to further amend its summons to properly raise an argument regarding compensation for legal costs under s 59(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
  2. 2 Interpretation and application of s 59(1)(a) of the Act in the context of hardship acquisitions and legal costs incurred prior to the right to compensation arising

Ratio Decidendi

Leave to further amend the summons is granted as the issue concerning s 59(1)(a) of the Act was raised in substance at all relevant stages despite pleading error, the explanation for the error is accepted as inadvertent, and any prejudice to the defendants is not irreducible given the discretionary nature of remedies and procedural safeguards under the legislation.

Court Disposition

Leave to further amend the summons granted

Orders

  • The plaintiff has leave to proceed on the further amended summons handed up on 30 January 2019.