The Baptist Union of New South Wales v Georges River Council [2017] NSWSC 347

The Baptist Union of New South Wales v Georges River Council [2017] NSWSC 347

Leave to commence out of time was granted in the interests of justice, but the Further Amended Summons was dismissed because the notice requirements in ss 11 and 12 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), viewed in light of the Act's objects, structure and compensation mechanisms, were procedural rather than jurisdictional preconditions to acquisition. Service of the PAN on the Baptist Union was valid because it was the registered proprietor and had at least a registered interest in land within the Act. The absence of a signature did not invalidate the PAN and, if it was an error, it was a clerical error or obvious mistake cured by the amended PAN under s 16(3)....

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Judicial Review / Further Amended Summons Seeking Declarations, Certiorari, Restraint and Prohibition; Application to Commence Proceedings Out of Time
Outcome
Leave to commence proceedings out of time granted; Further Amended Summons dismissed; plaintiffs ordered to pay the defendant's costs.
Legal Topics
['proposed Acquisition Notice' 'land Acquisition (just Terms Compensation) Act 1991 (nsw)' 'notice Requirements' 'jurisdictional Error' 'validity of Compulsory Acquisition' 'extension of Time Under Uniform Civil Procedure Rules 2005 (nsw) R 59.10']
['administrative Law' 'statutory Interpretation' 'compulsory Acquisition' 'local Government'] ['proposed Acquisition Notice' 'land Acquisition (just Terms Compensation) Act 1991 (nsw)' 'notice Requirements' 'jurisdictional Error' 'validity of Compulsory Acquisition' 'extension of Time Under Uniform Civil Procedure Rules 2005 (nsw) R 59.10']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Further Amended Summons Seeking Declarations, Certiorari, Restraint and Prohibition; Application to Commence Proceedings Out of Time

Legal Issues

  1. 1 ['Whether leave should be granted under Uniform Civil Procedure Rules 2005 (NSW) r 59.10(2) to commence judicial review proceedings out of time.' 'Whether compliance with ss 11 and 12 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) was a jurisdictional precondition to acquisition.' 'Whether the proposed acquisition notice was invalid because it was served on the registered proprietor, the Baptist Union of New South Wales, rather than on the Baptist Churches of New South Wales Property Trust.' 'Whether the proposed acquisition notice was invalid in form because it was unsigned.' "Whether the Council had actual knowledge of the Trust's interest in the land, or was required to serve a proposed acquisition notice on Connect Church as an occupier." 'Whether the declarations, certiorari, restraint and prohibition sought in the Further Amended Summons should be granted.']

Ratio Decidendi

Leave to commence out of time was granted in the interests of justice, but the Further Amended Summons was dismissed because the notice requirements in ss 11 and 12 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), viewed in light of the Act's objects, structure and compensation mechanisms, were procedural rather than jurisdictional preconditions to acquisition. Service of the PAN on the Baptist Union was valid because it was the registered proprietor and had at least a registered interest in land within the Act. The absence of a signature did not invalidate the PAN and, if it was an error, it was a clerical error or obvious mistake cured by the amended PAN under s 16(3)....

Court Disposition

Leave to commence proceedings out of time granted; Further Amended Summons dismissed; plaintiffs ordered to pay the defendant's costs.

Orders

  • ['To the extent that it is necessary, pursuant to Rule 59.10(2), grant the plaintiffs leave to commence these proceedings out of time.' 'Dismiss the Further Amended Summons.' "The plaintiffs pay the defendant's costs of these proceedings."]