19 Sept 2019
The phrase 'terminated or lapses for any reason' in cl 3(f) is given its ordinary and natural meaning, which includes termination by operation of law following the Crown's acquisition under the Public Works Act 1981; the sublease was functionally terminated and therefore RBL is entitled to payment of the $400,000 Escrow Amount under cl 3(f).
19 Dec 2006
The Environment Court misdirected itself by effectively substituting its own site choice for the Council's; under s24(7) the Court's role is to review whether the Council as decision-maker properly ascertained its objective and adequately considered alternatives, not to reject options without legal basis; on the evidence the Council had adequately considered alternatives and the taking of Lots 45 and 49 was a fair, sound and reasonably necessary means to achieve its stated objective, so the High Court allowed the appeal and declared the Council may proceed with compulsory acquisition.