Frevcourt Pty Ltd & Ors v Wingecarribee Shire Council [2003] NSWLEC 206

> Reported Decision : 128 LGERA 48

Land and Environment Court of New South Wales

CITATION : Frevcourt Pty Ltd & Ors v Wingecarribee Shire Council [2003] NSWLEC 206 APPLICANTS Frevcourt Pty Ltd & Ors PARTIES : RESPONDENT Wingecarribee Shire Council FILE NUMBER(S) : 40176 of 2000 CORAM: Pain J Construction and Interpretation :- alleged breach of s 94 of the Environmental Planning and Assessment Act 1979 - Applicants claim Council has "abandoned" roadworks proposed in DCP and Contributions Plans for which s 94 contributions were collected - Applicants as contributors of s 94 contributions claim to be entitled to refund of contributions for "abandoned" roadworks - obligations of Council in holding and spending contributions received under s 94 - whether prior to 1 July 1993 Council was required to hold and spend s 94 contributions in accordance with a works schedule in a DCP - effect of removal of words "in trust" from s 94 - whether introduction of amendments on 1 July 1993 requiring a contributions plan effected holding and application of moneys in relation to consents granted before 1 July 1993 - in relation to consents granted after 1 July 1993 whether Council had to hold and spend s 94 contributions in accordance with the works detailed in a Contributions Plan - discretion of Council in spending s 94 contribution monies - whether Applicant's have proved a breach of s 94 - whether a refund to a contributor of s 94 contributions is consistent with the trust under which s 94 contributions are held - nature of s 94 contributions trust - alleged overpayment of s 94 contributions - whether Applicants are entitled to a refund of overpaid amounts based on alleged breach of s 94 - whether Applicants entitled to damages in the alternative to a refund for overpayment