Council of the City of Ryde v Azizi [2021] NSWCA 165

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the City of Ryde v Azizi [2021] NSWCA 165 Hearing dates: 29 July 2021 Decision date: 06 August 2021 Before: Basten JA at [1]; Meagher JA at [45]; Payne JA at [46] Decision: (1) Grant Ryde Council leave to appeal from the judgment and orders of the Land and Environment Court delivered on 30 April 2021. (2) Order that the draft notice of appeal be filed within seven days of the date of this judgment. (3) Dismiss the appeal. (4) Order that the Council pay the respondents' costs in this Court. Catchwords: COURTS – Land and Environment Court (NSW) – jurisdiction and powers – class 3 jurisdiction – assessment of value of land compulsorily acquired – enforcement of statutory obligation to pay 90% of Valuer General's assessment pending resolution of claim – power to make freezing order LAND LAW – compulsory acquisition of land – payment required by Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 68(2)(a) – whether payment into trust account of acquiring authority's solicitor satisfied obligation Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 34, 41, 42, 44, 47, 48, 65, 66, 68; Pt 2, Div 3; Pt 3, Div 4 Federal Court of Australia Act 1976 (Cth), s 32 Civil Procedure Act 2005 (NSW), Pt 8 Land and Environment Court Act 1979 (NSW), ss 5, 16, 19, 20, 22, 23, 24, 25, 57 Uniform Civil Procedure Rules 2005 (NSW), Pt 25, Div 2; Sch 1 Cases Cited: Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148; [1986] HCA 58 Council of the City of Ryde v Azizi [2019] NSWSC 1605 Council of the City of Ryde v Azizi [2021] NSWCA 120 National Parks and Wildlife Service v Stables Perisher Pty Ltd (1990) 20 NSWLR 573 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457; [1981] HCA 7 Stack v Coast Securities (No 9) Pty Ltd (1983) 154 CLR 261; [1983] HCA 36 Category: Principal judgment Parties: Council of the City of Ryde (Applicant) Raymond Boutros Azizi (First Respondent) Alnox Pty Ltd (Second Respondent) Representation: Counsel: Mr M Hall SC / Ms J McKenzie (Applicant) Mr I Hemmings SC / Mr T Poisel