Dillon, Kevin & Anor v Gosford City Council (No.2) [2010] NSWLEC 44

Dillon, Kevin & Anor v Gosford City Council (No.2) [2010] NSWLEC 44

The notice of motion to reopen and advance new or amended compensation claims is dismissed because the proceedings were finally determined by the orders of 6 June 2008 (and subsequently entered), except as to the quantification of a specific outstanding disturbance head. The applicants, having been represented and given full opportunity, cannot raise fresh legal or valuation claims at this late stage absent irregularity, error or other recognised ground. Section 59A Local Government Act 1993 does not sever the land or entitle the applicants to further compensation; ownership of council-installed works does not deprive the owners of lawful surface use of the levee land.

Parties
First Applicant: Kevin Dillon; Second Applicant: Kerry Dillon; Respondent: Gosford City Council
Jurisdiction
Australia
Judgment Date
31 March 2010
Procedural Posture
Civil: Compensation for Compulsory Acquisition of Land / Post Judgment, Application to Reopen to Add Further Claims
Outcome
Notice of Motion dismissed; applicants to pay respondent's costs in respect of the Notice of Motion; further directions for unresolved issues.
Legal Topics
Finality of Litigation, Compensation for Compulsory Acquisition, Scope and Meaning of Easement, Jurisdiction and Reopening of Judgments, Local Government Statutory Powers
Compulsory Acquisition Property Law Local Government Law Finality of Litigation Compensation for Compulsory Acquisition Scope and Meaning of Easement Jurisdiction and Reopening of Judgments Local Government Statutory Powers

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Parties

Kevin Dillon

First Applicant

Kerry Dillon

Second Applicant

Gosford City Council

Respondent

Procedural Posture

Civil: Compensation for Compulsory Acquisition of Land / Post Judgment, Application to Reopen to Add Further Claims

Legal Issues

  1. 1 Whether applicants can reopen proceedings to advance new or amended claims for compensation after final judgment in a compulsory acquisition matter
  2. 2 Scope and legal effect of the easement acquired for levee bank and applicants’ residual rights
  3. 3 Application of s 59A Local Government Act 1993 regarding council's works on land and claim for subsequent severance or compensation

Ratio Decidendi

The notice of motion to reopen and advance new or amended compensation claims is dismissed because the proceedings were finally determined by the orders of 6 June 2008 (and subsequently entered), except as to the quantification of a specific outstanding disturbance head. The applicants, having been represented and given full opportunity, cannot raise fresh legal or valuation claims at this late stage absent irregularity, error or other recognised ground. Section 59A Local Government Act 1993 does not sever the land or entitle the applicants to further compensation; ownership of council-installed works does not deprive the owners of lawful surface use of the levee land.

Court Disposition

Notice of Motion dismissed; applicants to pay respondent's costs in respect of the Notice of Motion; further directions for unresolved issues.

Orders

  • The applicants' Notice of Motion of 25 September 2009 is dismissed.
  • The applicants are ordered to pay the respondent's costs in respect of the Notice of Motion, as incurred from 10 August 2009.