Analed Pty Ltd v Roads Corporation
[2000] VSCA 160
•30 August 2000
SUPREME COURT OF VICTORIA
COURT OF APPEAL Not Restricted
No. 6513 of 1997
| ANALED PTY LTD |
| Appellant |
| v |
| ROADS CORPORATION |
| Respondent |
---
JUDGES: | BROOKING, PHILLIPS and BUCHANAN, JJ.A. | |
WHERE HELD: | MELBOURNE | |
DATES OF HEARING: | 28 and 29 August 2000 | |
DATE OF JUDGMENT: | 30 August 2000 | |
MEDIUM NEUTRAL CITATION: | [2000] VSCA 160 | |
---
Planning law - Permit refused on ground land needed for public purpose - After purchase by person with knowledge of proposal - Whether loss suffered is "natural, direct and reasonable consequence" of refusal of permit.
Planning and Environment Act 1987, s.98(2).
---
APPEARANCES: | Counsel | Solicitors |
For the Appellant | Mr S.R. Morris, Q.C. with | Deacons |
| For the Respondent | Mr J. Delany | Garland, Hawthorn Brahe |
BROOKING, J.A.:
This is an appeal, limited by statute to questions of law, from a decision of Balmford, J.
Having had the opportunity of considering the matter overnight, we are confirmed in our view that there is no reason to doubt the correctness of her Honour's careful reasons for decision.
This would be enough to dispose of the appeal were it not for the fact that the authenticated order erroneously records only the order for costs, not the order dismissing the claim. It is common ground that we should correct this. Accordingly, our order will be in accordance with these minutes:
1.Appeal allowed for purpose only of correcting authenticated order of Balmford, J. made on 15 December 1998 by inserting into operative part:
"1.The claim be dismissed" and by renumbering of paragraph 1 as paragraph 2.
2. Otherwise appeal dismissed with costs.
- - -
0
0
0