NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hill v Blacktown City Council and Anor [2008] NSWLEC 249
APPLICANT William Hill PARTIES : FIRST RESPONDENT Blacktown City Council SECOND RESPONDENT Minister administering the Environmental Planning and Assessment Act 1979
FILE NUMBER(S) : 11215 of 2007
CORAM: Pain J
KEY ISSUES: Practice and Procedure :- clarification of final orders
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land Acquisition (Just Terms Compensation) Act 1991
CASES CITED: Hill v Blacktown City Council and the Minister administering the Environmental Planning and Assessment Act 1979 [2008] NSWLEC 203
DATES OF HEARING: 19 August 2008
EX TEMPORE JUDGMENT DATE : 19 August 2008
APPLICANT Mr A Bisits (Solicitor)
FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr T O'Connor (Solicitor, submitting appearance) SECOND RESPONDENT Ms S Duggan with Mr M Seymour SOLICITOR Holding Redlich
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
19 August 2008
11215 of 2007 Hill v Blacktown City Council and the Minister administering the Environmental Planning and Assessment Act 1979 (No 2)
EX TEMPORE JUDGMENT 1 Her Honour: In Hill v Blacktown City Council and the Minister administering the Environmental Planning and Assessment Act 1979 [2008] NSWLEC 203 I determined a s 96AA appeal under the Environmental Planning and Assessment Act 1979 (the EP&A Act), to the effect that the condition appealed against should be replaced by an alternative condition set out at [14] of that judgment. 2 The condition identified in general terms the matters to be included in a deed between Mr Hill and the Minister administering the EP&A Act. Subsequent discussions between the parties has identified an issue in relation to par (f) of the draft condition which read: (f) For the release of the Department from any claim arising under the Land Acquisition (Just Terms Compensation) Act 1991 for compensation except as provided for in the Deed.
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