Brooks - V - Hornsby Shire Council [1999] NSWLEC 40

Brooks - V - Hornsby Shire Council [1999] NSWLEC 40

The respondent has always accepted its obligation to acquire the land and taken active steps to do so. In the circumstances, there is no utility in granting consequential relief beyond the declaration. Both parties acted reasonably, thus no order as to costs is appropriate.

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Application for Declaration and Mandatory Orders / Judgment
Outcome
Declaration granted; no order for costs; exhibits may be returned.
Legal Topics
['injunctions' 'declaratory Relief' 'compulsory Land Acquisition' 'costs']
['administrative Law' 'local Government Law' 'land Acquisition'] ['injunctions' 'declaratory Relief' 'compulsory Land Acquisition' 'costs']

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Procedural Posture

Application for Declaration and Mandatory Orders / Judgment

Legal Issues

  1. 1 ["Whether the respondent is required to acquire the applicant's land under clause 17(5) of Hornsby Shire Local Environmental Plan 1994" 'Whether there is utility in granting mandatory (consequential) relief when acquisition steps are underway' 'Entitlement to costs where declaratory relief is not opposed']

Ratio Decidendi

The respondent has always accepted its obligation to acquire the land and taken active steps to do so. In the circumstances, there is no utility in granting consequential relief beyond the declaration. Both parties acted reasonably, thus no order as to costs is appropriate.

Court Disposition

Declaration granted; no order for costs; exhibits may be returned.

Orders

  • ['Declaration that the respondent is required to acquire that part of Lot 6 in DP 25800 zoned Open Space A (Public Recreation - Local) under Hornsby Shire Local Environmental Plan 1994 in accordance with clause 17(5).' 'No order as to costs.' 'Exhibits may be returned.']