28 Jun 2006
ATTORNEY-GENERAL V EDMONDS & ORS CA CA97/05
- Citation
- openlaw-4730728a_63c2_4d97_875b_c5a1f5c9d626.pdf
- Court
- Court of Appeal
Section 40 imposes a timeous offer-back obligation enforceable by declaration when not complied with; that breach does not generally create a continuing tort allowing reliance on later dates for accrual of loss; the appropriate remedy is declaratory relief specifying the date by which the offer should have been made; applying the facts, area A was surplus by July 1989 (offer obligation by July 1990), areas B and part of C not required for the substation (263m2) were surplus by July 1996, and only 172m2 was required for the substation; no obligation to offer airspace arose on these facts.