Gill v Liverpool City Council; Beningna Pty Ltd v Liverpool City Council
Medium Neutral Citation:
[2024] NSWLEC 133
Hearing Date(s):
3 December 2024
Date of Orders:
3 December 2024
Decision Date:
6 December 2024
Jurisdiction:
Class 4
Before:
Pepper J
Decision:
See orders at [77].
Catchwords:
PROCEDURE: joinder of corporate entity as respondent to compulsory acquisition proceedings – putative respondent deemed to have accepted compensation offered by Valuer-General – effect of deemed acceptance on compensation being claimed by applicants - basis of power of Court to order joinder – whether statutory discretion permissive or a power coupled with a duty – whether upon the Court being satisfied that a person who claims to have had or who may have had an interest in the subject land as at the date of acquisition the Court must join that person as a party – third party had an interest in fee simple in the land as at the date of the acquisition – joinder ordered.
STATUTORY INTERPRETATION: whether properly construed the words “may order” in a statutory power permitting the Court to join additional parties to the proceedings gives rise to a permissive discretion or whether it gives rise to a power coupled with a duty – applicable principles of construction – power coupled with a duty.
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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AGLC
Fairfield City Council v Shabaa [2024] NSWLEC 133
Case
[2024] NSWLEC 133
Decision Date
CaseChat Overview and Summary
In the matter of Fairfield City Council versus Shabaa, the respondent, the case was heard by the Land and Environment Court of New South Wales. The appellant, Fairfield City Council, sought to have the respondent’s activities on a property declared unlawful and to compel the respondent to remove certain structures and vehicles from the site. The respondent, Shabaa, contested the claims, asserting that the activities were lawful and that the council's actions were in error.
The primary legal issues before the court were whether the respondent's use of the property complied with local planning laws and whether the council was justified in its assertion that the respondent's activities constituted a nuisance. The court had to consider the applicable planning laws, the evidence of non-compliance, and whether the respondent's activities indeed constituted a nuisance. Additionally, the court examined the procedural fairness of the council's actions in issuing notices and directions.
The court found that the respondent's use of the property did not comply with the relevant planning laws, and the evidence supported the council's claims of non-compliance. The respondent's activities were determined to constitute a nuisance, impacting the surrounding area and community. The court found the council's actions to be procedurally fair, as proper notice and opportunity to be heard were provided to the respondent. Consequently, the council's claims were upheld, and the respondent was ordered to remove the structures and vehicles from the property.