E. Bergman v. Council Of The Municipality Of Holroyd [1988] NSWLEC 6

Land and Environment Court of New South Wales

CITATION : E. Bergman v. Council Of The Municipality Of Holroyd [1988] NSWLEC 6 APPLICANT Eugene Bergman PARTIES : RESPONDENT Council Of The Municipality Of Holroyd

FILE NUMBER(S) : 30650 of 1986 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act, 1979 Local Government Act 1919 Housing Commission of N.S.W. v. San Sebastian Pty Limited, (1978) ; Nuland Developments Pty Limited v. Parramatta City Council, 37 L.G.R.A. 258.; Sydney Golf Club v. Federal Commissioner of Taxation (1957); CASES CITED: Leichhardt Municipal Council v. Seatainer Terminals Pty Limited & Anor (1981-82) ; Horn v. Sunderland Corporation, [1941]; Balquhidder v. Minister for Environment and Planning, 58 L.G.R.A. 339 at 353.; Robertson v. The Commissioner of Main Roads, Perrignon J(1987) DATES OF HEARING: DATE OF JUDGMENT: 07/06/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: Eugene Bergman is the registered proprietor of premises known as No. 33 Hackney Street, Greystanes. By notice published in the Government Gazette on 8th July, 1986 the respondent Council of the Municipality of Holroyd ("Council") resumed the rear portion of that land having an area of 4,043 square metres, and being Lot 32, D.P. 706978 in a subdivision to create the parcel proposed for compulsory acquisition. The purpose of such acquisition was stated to be for "controlling and managing grounds for public recreation, and construction, extension, protection, maintenance, control and management works for the drainage of water".