Nash Bros Builders Pty Ltd v Riverina Water County Council (No 2) [2015] NSWLEC 156

Nash Bros Builders Pty Ltd v Riverina Water County Council (No 2) [2015] NSWLEC 156

Riverina Water County Council lawfully levied development servicing charges for water supply to the retirement village under both s 608 of the Local Government Act 1993, as a fee for the provision of services, and alternatively under s 306 of the Water Management Act 2000, as a precondition to certificates of compliance required by the development consent; as the applicants passed on charges to Grange and received the benefits bargained for, recovery of payments is barred both by the Recovery of Imposts Act 1963 and the principles of unjust enrichment.

Jurisdiction
Australia
Judgment Date
02 October 2015
Procedural Posture
Judicial Review (class 4) / Principal Judgment and Final Orders
Outcome
Application dismissed with costs.
Legal Topics
['statutory Powers of Local Government' 'water Supply Charges' 'recovery of Fees' 'certificates of Compliance' 'restitution and Unjust Enrichment']
['administrative Law' 'local Government Law' 'planning and Environment Law'] ['statutory Powers of Local Government' 'water Supply Charges' 'recovery of Fees' 'certificates of Compliance' 'restitution and Unjust Enrichment']

Case Brief

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Procedural Posture

Judicial Review (class 4) / Principal Judgment and Final Orders

Legal Issues

  1. 1 ['Whether Riverina Water County Council had statutory power to impose development servicing charges for water supply to a retirement village' 'Whether certificates of compliance were required and if applicants were obliged to apply under Water Management Act 2000 s 305' 'Whether charges could be recovered as paid under mistake, compulsion, or ultra vires demands']

Ratio Decidendi

Riverina Water County Council lawfully levied development servicing charges for water supply to the retirement village under both s 608 of the Local Government Act 1993, as a fee for the provision of services, and alternatively under s 306 of the Water Management Act 2000, as a precondition to certificates of compliance required by the development consent; as the applicants passed on charges to Grange and received the benefits bargained for, recovery of payments is barred both by the Recovery of Imposts Act 1963 and the principles of unjust enrichment.

Court Disposition

Application dismissed with costs.

Orders

  • ['The second further amended summons is dismissed.' "The first and second applicants are to pay the respondent's costs of the proceedings." 'The exhibits are to be returned.']