Hornsby Shire Council v The Valuer General of New South Wales [2012] NSWSC 894

Hornsby Shire Council v The Valuer General of New South Wales [2012] NSWSC 894

The Court refused a separate hearing because the factual issues underlying the administrative law relief and damages claims were closely related, including CSR's alleged conduct, whether it constituted fraud, its effect on the valuation and the Valuer General's determination, and quantification issues; the proposed course was not shown to produce overall savings or efficiencies. The Court allowed withdrawal of the admission in paragraph 13 because the duty of care and related immunity and capacity issues were complex, fairly arguable and novel, the proceedings had not reached a stage where withdrawal would be unjust, and no irremediable prejudice existed, with costs protecting the Council.

Jurisdiction
Australia
Judgment Date
02 July 2012
Procedural Posture
Civil Proceedings Involving Claims for Administrative Law Relief, Negligence, Restitution and Statutory Relief Arising From a Land Acquisition Compensation Determination / Interlocutory Notice of Motion Seeking Separate Determination of Administrative Law Claims and Leave to Withdraw Admissions
Outcome
Leave granted to the first and second defendants to withdraw the admission in paragraph 13 of the Defence to Amended Statement of Claim filed 21 September 2010; motion otherwise dismissed; costs ordered against the first and second defendants, with specified indemnity costs for the plaintiff.
Legal Topics
['separate Hearing of Questions Under R 28.2 of the Uniform Civil Procedure Rules 2005' 'withdrawal of Admissions Under R 12.6 of the Uniform Civil Procedure Rules 2005' 'overriding Purpose Under S 56 of the Civil Procedure Act 2005' 'duty of Care Alleged Against the Valuer General' 'legal Professional Privilege Waiver' 'indemnity Costs']
['practice and Procedure' 'administrative Law' 'negligence' 'land Acquisition and Valuation' 'legal Professional Privilege' 'costs'] ['separate Hearing of Questions Under R 28.2 of the Uniform Civil Procedure Rules 2005' 'withdrawal of Admissions Under R 12.6 of the Uniform Civil Procedure Rules 2005' 'overriding Purpose Under S 56 of the Civil Procedure Act 2005' 'duty of Care Alleged Against the Valuer General' 'legal Professional Privilege Waiver' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil Proceedings Involving Claims for Administrative Law Relief, Negligence, Restitution and Statutory Relief Arising From a Land Acquisition Compensation Determination / Interlocutory Notice of Motion Seeking Separate Determination of Administrative Law Claims and Leave to Withdraw Admissions

Legal Issues

  1. 1 ['Whether the administrative law claims in paragraphs 1A, 1B and 1C of the Further Amended Statement of Claim should be heard separately and before the damages claims.' 'Whether the first and second defendants should have leave to withdraw admissions made in earlier defences, particularly the admission that the Valuer General owed the Council a duty of care.' "Whether reference to counsel's Memorandum of Advice in affidavit material and submissions waived legal professional privilege." 'What costs orders should follow from the disposition of the motion.']

Ratio Decidendi

The Court refused a separate hearing because the factual issues underlying the administrative law relief and damages claims were closely related, including CSR's alleged conduct, whether it constituted fraud, its effect on the valuation and the Valuer General's determination, and quantification issues; the proposed course was not shown to produce overall savings or efficiencies. The Court allowed withdrawal of the admission in paragraph 13 because the duty of care and related immunity and capacity issues were complex, fairly arguable and novel, the proceedings had not reached a stage where withdrawal would be unjust, and no irremediable prejudice existed, with costs protecting the Council.

Court Disposition

Leave granted to the first and second defendants to withdraw the admission in paragraph 13 of the Defence to Amended Statement of Claim filed 21 September 2010; motion otherwise dismissed; costs ordered against the first and second defendants, with specified indemnity costs for the plaintiff.

Orders

  • ['The first and second defendants have leave to withdraw the admission made in paragraph 13 of the Defence to Amended Statement of Claim filed 21 September 2010.' 'The motion filed 3 May 2012 be otherwise dismissed.' 'The first and second defendants pay the costs of the motion, except as provided in Order 4.' "The...