Perry Properties Pty Limited v Georges River Council [2023] NSWLEC 51

Land and Environment Court New South Wales

Medium Neutral Citation: Perry Properties Pty Limited v Georges River Council [2023] NSWLEC 51 Hearing dates: 23–24 March 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Class 4 Before: Pritchard J Decision: The Court makes the following orders: (1) The further amended summons is dismissed. (2) The parties to file submissions, no longer than five pages in length, on the question of costs by Wednesday, 17 May 2023. Catchwords: CIVIL ENFORCEMENT – compulsory acquisition of land – proposed acquisition notice – alleged breach of ss 186, 187 and 188 of the Local Government Act – whether authorised purpose of acquisition – public purpose – saleable development – licensed venue – premature acquisition – bare statement of public purpose – whether approval of Minister for Local Government is valid – whether Council misled the Minister as to public purpose – whether Council meeting in closed session ignored objection – period of negotiation under s 10A of the Land Acquisition (Just Terms Compensation) Act 1991(NSW) Legislation Cited: Duties Act 1997 (NSW) s 304 Georges River Local Environmental Plan 2021 (NSW) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) ss 3, 10, 10A, 12, 20, 53, 67, 360 Liquor Act 2007 (NSW) ss 4, 6(5), 40 Local Government Act 1993 (NSW) ss 10A, 23, 24, 31, 45, 46, 186, 187, 188, 220, 674, 674A Cases Cited: Barrett v Minister for Immigration, Local Government & Ethnic Affairs (1989) 18 ALD 129; [1989] FCA 388 Bligh Consulting Pty Ltd v Ausgrid [2017] NSWCA 95 Elmasri v Transport for NSW [2021] NSWSC 929 Gaffney v Camden Council (1997) 96 LGERA 157 Great Lakes Council v Lani (2007) 158 LGERA 1; [2007] NSWLEC 681 Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 4) [2011] NSWLEC 6 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R & R Fazzolari Pty Ltd v Parramatta City Council (2009) 237 CLR 603; [2009] HCA 12 Roads and Maritime Services v Desane Properties Pty Ltd (2018) 98 NSWLR 820; [2018] NSWCA 196 Samrein Pty Ltd v Metropolitan Water, Sewerage and Drainage Board (1982) 41 ALR 467; (1982) 56 ALJR 678 Telstra Corporation v Hurstville City Council (2002) 118 FCR 198; (2002) 189 ALR 737; [2002] FCA 385 Webber v Racing New South Wales [2017] NSWSC 687 Texts Cited: Georges River Council Code of Meeting Practice (June 2019) New South Wales Legislative Council, Parliamentary Debates (Hansard), 20 October 2016 Category: Principal judgment Parties: Perry Properties Pty Ltd (First Applicant) Vince Perry (Second Applicant) Maria Perry (Third Applicant) Anthony Perry (Fourth Applicant) Rosina Perry (Fifth Applicant) Joanna Perry (Sixth Applicant) Georges River Council (First Respondent) The Minister for Local Government (Second Respondent) National Australia Bank (Third Respondent) International Buddhist Association of Australia Co-operative Limited (Fourth Respondent) Representation: Counsel: A Pearman and A Gauja (First, Second, Third, Fourth, Fifth and Sixth Applicants) R Lancaster SC and J McKelvey (First Respondent) Submitting appearance (Second Respondent) Submitting appearance (Third Respondent) Submitting appearance (Fourth Respondent) Solicitors: Weinberger Lawyers (First, Second, Third, Fourth, Fifth and Sixth Applicants) HWL Ebsworth Lawyers (First Respondent) Crown Solicitor's Office (Second Respondent) Dentons (Third Respondent) Marsdens Law Group (Fourth Respondent) File Number(s): 2022/289534 Publication restriction: Nil