Clarence Village Limited v Clarence Valley Council [2023] NSWLEC 135

Land and Environment Court New South Wales

Medium Neutral Citation: Clarence Village Limited v Clarence Valley Council [2023] NSWLEC 135 Hearing dates: 19 and 20 September 2023 Date of orders: 06 December 2023 Decision date: 06 December 2023 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders: (1) Time for commencing the proceedings is extended to 16 May 2023. (2) The proceedings are dismissed. (3) The applicant is to pay the respondent's costs of the proceedings. Catchwords: JUDICIAL REVIEW – charge for sewerage services – resolution making charge – rate notice levying charge – whether charge made on land parcel or premises on land parcel – amount of charge – how determined – whether determined differing amounts for same charge – whether short separate name needed for amount of charge if not differing amounts – land parcel jointly owned by the Crown – whether Crown exemption from charges as well as rates – extension of time to commence proceedings. Legislation Cited: Local Government Act 1993 (NSW) ss 501, 539, 540, 541, 543, 546(1), 554, 555, 560, 561 Housing Act 2001 (NSW) s 6(1), (4) Valuation of Land Act 1916 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 59.10 Category: Principal judgment Parties: Clarence Village Limited (Applicant) Clarence Valley Council (Respondent) Representation: Counsel: Mr J Lazarus SC with Mr T Poisel (Applicant) Mr R Lancaster SC with Mr R Coffey (Respondent)