Meadowlands BFT Pty Ltd v Shoalhaven City Council [2021] NSWSC 1139

Supreme Court New South Wales

Medium Neutral Citation: Meadowlands BFT Pty Ltd v Shoalhaven City Council [2021] NSWSC 1139 Hearing dates: 16 August 2021 to 18 August 2021 Date of orders: 9 September 2021 Decision date: 09 September 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Order that the plaintiff's statement of claim be dismissed. (2) Declare that the Cross-Claimant, Shoalhaven City Council, is entitled to deduct the fees and charges payable in respect of the maintenance of the cattle impounded on the property in the Shoalhaven area known as Wondalga Farm on 17 October 2018 calculated at the rate of $36 per item of livestock per day from the net proceeds of the sale of the livestock paid into Court in these proceedings. (3) Direct that the amount of $381,707.77, paid into Court in these proceedings, and any interest thereon, be paid to the Cross‑Claimant. (4) Stay order (3) for 28 days from today. (5) Order that the Cross-Claim be otherwise dismissed. (6) Order that on or before 23 September 2021 each party to file and serve their proposed order as to costs and any submissions in support of the proposed order that are not to exceed four pages. (7) Order that there be liberty to apply on two days' notice. Catchwords: CATTLE – stock agisted on Council land – agreement with one company granting license to occupy – Council gave notice to vacate – company deregistered – Council impounded cattle – another company claimed ownership of cattle – asserted agreement with Council and Council trespassed – claim failed – no agreement – impounding of cattle – Council's power to impound trespassing cattle – Impounding Act – ability to recover costs or fees from net proceeds of sale – whether Council mismanaged cattle – Council's cross-claim upheld Legislation Cited: Corporations Act 2001 (Cth) Impounding Act 1993 (NSW) Local Government Act 1993 (NSW) Local Land Services Act 2013 (NSW) Prevention of Cruelty to Animals Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dubow v Mid-Western Regional Council [2021] NSWSC 699 Meadowlands BFT Pty Ltd v Shoalhaven City Council [2021] NSWSC 773 Woolworths Ltd v Waverley Council [1999] NSWSC 308; (1999) 103 LGERA 227 Category: Principal judgment Parties: Meadowlands BFT Pty Ltd (Plaintiff/Cross-Defendant) Shoalhaven City Council (Defendant/Cross-Claimant) Representation: Counsel: P Bowden (Director of Plaintiff) R Parsons (Defendant)