Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2007] NSWLEC 304

Land and Environment Court of New South Wales

CITATION : Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2007] NSWLEC 304

APPLICANT Walker Corporation Pty Ltd PARTIES : RESPONDENT Sydney Harbour Foreshore Authority

FILE NUMBER(S) : 30024 of 2003

CORAM: Talbot J

KEY ISSUES: Practice and Procedure :- Whether further hearing to proceed on reserved pending High Court appeal

DATES OF HEARING: 29/05/2007

DATE OF JUDGMENT: 31 May 2007

APPLICANT Mr Webster SC SOLICITORS Minter Ellison LEGAL REPRESENTATIVES:

RESPONDENT Mr Galasso SC SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

31 May 2007

30024 of 2003 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority

JUDGMENT 1 Talbot J: Following two appeals to the Court of Appeal from earlier decisions of this Court, the High Court has now granted leave to appeal in respect of both decisions by the Court of Appeal. It is not expected that the High Court appeals will be heard prior to dates set aside in June for a hearing on the latest remitter of the matter to this Court by the Court of Appeal. As the issues to be argued in the High Court relate only to the prospect of a residential zoning being in place or relevantly imminent at the date of resumption, it is submitted by the applicant that the Court should use the dates in June to determine issues not decided in the first instance, namely the value of the resumed land at the date of acquisition on each of: a) The basis of existing use rights b) The basis of State Environmental Planning Policy No. 5 – Housing for Older People or People with a Disability [SEPP 5] and c) An industrial basis. 2 When this Court originally determined the amount of compensation based on a zoning that permitted residential development of the land, it did not proceed to determine the value on the alternative bases mentioned above, as there would be no perceived utility in doing so. 3 Contrary to the Applicant's submissions, the Respondent has filed a Notice of Motion seeking orders that:- 1. The hearing dates of 25 to 29 June be vacated.