Dillon v Gosford City Council

The case of *Dillon v Gosford City Council* concerned a claim for compensation for injurious affection brought by the appellant, Dillon, against the respondent, Gosford City Council. The dispute arose from the Council's actions in relation to the appellant's land, which allegedly caused a diminution in its value. The appeal was heard by Spigelman CJ, Meagher and Hodgson JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the appellant's right to claim compensation for injurious affection had been extinguished by the repeal of the statutory provision that originally created that right. A secondary issue concerned whether, if a right to claim subsisted, the claim had been brought within the prescribed time limit.

The Court of Appeal held that the repeal of the relevant provision of the *Local Government Act 1919* (NSW) extinguished the right to claim compensation for injurious affection, even in respect of actions taken before the repeal. The Court reasoned that the right to compensation was a statutory right that did not accrue until the claim was made and that the repeal operated retrospectively to extinguish such inchoate rights. The Court further found that, even if a right had subsisted, the claim was out of time.

The appeal was accordingly dismissed with costs.