Coffs Harbour City Council v Noubia Pty Ltd [2020] NSWCA 142

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coffs Harbour City Council v Noubia Pty Ltd [2020] NSWCA 142 Hearing dates: 26 March 2020 Date of orders: 15 July 2020 Decision date: 15 July 2020 Before: Bathurst CJ at [1]; Bell P at [2]; Basten JA at [3] Decision: (1) Allow the appeal and set aside orders (1), (2), (3) and (5) made in the Land and Environment Court on 13 August 2019. (2) In place therefore, (a) declare that no amount is payable by the Council to Noubia Pty Ltd with respect to the transfer or dedication of lot 96; (b) otherwise remit the matter to the Land and Environment Court for assessment of the compensation payable by the Council to Noubia Pty Ltd in respect of lots 94 and 163. (3) Order that Noubia Pty Ltd pay the Council's costs in this Court. Catchwords: CIVIL PROCEDURE – hearings – procedural fairness – judge preferring evidence of one expert over another – earlier role of expert addressed during proceedings – basis of preference based on earlier role – no unfairness ENVIRONMENT AND PLANNING – consent – conditions – construction – transfer of land to Council – public purpose – importation of valuation principles from the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) JURISDICTION – Land and Environment Court – valuation of land – no compulsory acquisition – proceedings transferred from Equity Division – conferral of jurisdiction on transferee court – Civil Procedure Act 2005 (NSW), s 149B, 149E – Class 4 jurisdiction exercised – Land and Environment Court Act 1979 (NSW), s 20(1(cj) JUDGMENTS AND ORDERS – reasons – duty to give reasons – failure to give reasons – constructive failure to exercise jurisdiction distinguished VALUATION – methods of valuation – "before and after" method – developed land on alluvial floodplain – whether alternative hypothetical developments the most financially advantageous use of land – proposed alternative development subject to natural features of the land and associated constraints on use – whether alternative development would have received approval VALUATION – valuation of land – principles – whether detention and management of upstream water flows by downstream land owner a "public purpose" to be disregarded in a valuation exercise Legislation Cited: Civil Procedure Act 2005 (NSW), s 149B, 149E Environmental Planning and Assessment Act 1979 (NSW), ss 94, 94B Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 54, 55, 56 Land and Environment Court Act 1979 (NSW), ss 19, 20, 24, 58 Cases Cited: ACR Trading Pty Ltd v Fat-sel Pty Ltd (1987) 11 NSWLR 67 Kendall Street Developments Pty Ltd v Byron Shire Council [2004] NSWLEC 227 Category: Principal judgment Parties: Coffs Harbour City Council (Appellant) Noubia Pty Ltd (Respondent) Representation: Counsel: Mr I J Hemmings SC / Ms A Pearman (Appellant) Mr R Lancaster SC / Mr S Nash (Respondent)