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Reported Decision: (2003) 131 LGERA 144
Land and Environment Court
of New South Wales
CITATION: Porter & Anor v Hunters Hill Council [2003] NSWLEC 179 PARTIES: APPLICANTS
RESPONDENT
Graham William Porter and Meredith Ruth Porter
Hunters Hill CouncilFILE NUMBER(S): 40313 of 2002 CORAM: Pain J KEY ISSUES: Jurisdiction :- land compulsorily acquired pursuant to LEP by commencement of separate proceedings that are already concluded - Council refused to give Applicants a notice under s 42 of the Land Acquisition (Just Terms Compensation) Act 1991 - Applicants seek delivery by Council of a notice under s 42 in new Class 4 proceedings - jurisdiction of Court to hear and dispose of proceedings - whether jurisdiction arises because the obligation to pay compensation is inherent in the obligation to acquire - whether jurisdiction arises under s 24 of the Land and Environment Court Act 1979 - whether ancillary jurisdiction under s 16(1A) of Land and Environment Court Act 1979 can be invoked - proceedings dismissed LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 27
Hunters Hill Local Environmental Plan cl 24
Land Acquisition (Just Terms Compensation) Act 1991 s 4, s 5, s 7, s 11, s 12, s 13, s 14, s 15, s 19, s 20, s 28, s 37, s 39, s 41, s 42, s 43, s 44, s 47, s 55, s 66, s 67, s 68
Land and Environment Court Act 1979 s 16(1) , s 16(1A), s 19, s 20, s 24, s 25, s 31, s 32
Land and Environment Court Rules 1996 Pt 6 r 1
Local Government Act 1993 s 186
Supreme Court Rules 1970 Pt 8 r 8, Pt 13 r 5(1)CASES CITED: Davey v North Sydney Council [2002] NSWSC 662;
Duncan v Moore (1999) 103 LGERA 312;
McBaron v Roads and Traffic Authority of New South Wales (1995) 87 LGERA 238;
Mitchell v Waugh (1993) 82 LGERA 44;
N Stephenson Pty Ltd v Roads and Traffic Authority of New South Wales (1994) 83 LGERA 248;
Neighbourhood Association DP 285121 v Murray Shire Council (2001) 117 LGERA 95;
Nelson v Ballina Shire Council (1993) 80 LGERA 271;
Nix and Dunn v Pittwater Council (1994) 84 LGERA 199;
NTL Australia Pty Ltd v Minister for Land and Water Conservation (2001) 112 LGERA 403;
Pittwater Municipal Council v Nix and Dunn (1993) 80 LGERA 385 at 387;
Scharer v State of New South Wales (2001) 53 NSWLR 299DATES OF HEARING: 12/05/2003, 17/06/2003 DATE OF JUDGMENT:
08/13/2003LEGAL REPRESENTATIVES:
APPLICANTS
Mr JA Ayling SC
SOLICITORS
Philip Parbury & AssociatesRESPONDENT
VALUER-GENERAL
Mr P Clay (barrister)
SOLICITORS
Abbott Tout
Ms H Roberts (solicitor) (12/05/2003)
Mr JB Maston (barrister) (17/06/2003)
SOLICITORS
Crown Solicitors Office
JUDGMENT:
IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
40313 of 2003
13 August 2003Pain J
- Applicants
- Respondent
Introduction
1. In 2000 the Applicants commenced proceedings in this…
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- Case
- [2003] NSWLEC 179
- Decision Date
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