Saggers and Bell v Valtone Pty Limited and The Darling Harbour Authority [1988] NSWLEC 9

Land and Environment Court of New South Wales

CITATION : Saggers and Bell v Valtone Pty Limited and The Darling Harbour Authority [1988] NSWLEC 9 APPLICANTS Arthur Colin Saggers and Robert Bell PARTIES : RESP0NDENTS Valtone Pty Limited and The Darling Harbour Authority FILE NUMBER(S) : 40142 of 1988 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Darling Harbour Authority Act 1984 Land and Environment Court Act Jesasu Pty Limited v. Minister for Mineral Resources, [1987] ; CASES CITED: O'Sullivan v. Truth and Sportsman Ltd (1957); Attorney General of Hong Kong v. Tse Hung-lit, [1986]; Lord Wilberforce in Alphacell Ltd v. Woodward [1972] DATES OF HEARING: DATE OF JUDGMENT: 07/21/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The applicants are former stallholders licensed by the Sydney Market Authority to use premises in Haymarket known as "Paddy's Market", and being comprised in Certificate of Title Folio Identifiers 1/562950, 2/562/950 and 3/562950 ("the land"). They seek declarations and other orders concerning the lawfulness of a permit granted by the second respondent ("the Authority") pursuant to the Darling Harbour Authority Act 1984 ("the Act") with respect to the development of the land as a "Studio City Project" involving, inter alia, the construction of a tower building comprising thirty-six storeys of office space.

The Authority is a corporation constituted under the said Act to manage the overall development of the Darling Harbour Area in Port Jackson, with responsibility for the preparation of an overall development programme, its management and implementation. The Authority entered into an agreement for lease of the land on 25th January, 1988 with the first respondent ("Valtone"). The Authority agreed to grant to Valtone a lease of the land for ninety-nine years. Valtone covenanted to construct improvements within three years from the date of approval by the Authority of its development proposals. It is common ground that such proposal includes, inter alia, an office tower of about thirty-six floors of office space. Valtone agreed to grant to the Sydney Market Authority a sublease of a specified area upon completion of the redevelopment. The Sydney Market Authority was given a licence to occupy the land until determined by notice. This permitted Paddy's Market to continue, but after receipt of such notice, it revoked licences of stallholders by notice which took effect from 18th or 19th June (as applicable to each permit). The stallholders have been invited to take up stands at a temporary site.