NSW Caselaw
New South Wales Court of Appeal
CITATION: Baulkham Hills Shire Council v Group Development Services Pty Ltd [2005] NSWCA 315
HEARING DATE(S): 3 August 2005
JUDGMENT DATE: 27 September 2005
JUDGMENT OF: Handley JA at 1; Ipp JA at 25; Tobias JA at 26
DECISION: Appeal dismissed with costs
CATCHWORDS: ENVIRONMENTAL LAW - planning - developer's contribution to council's open space and recreation land - contributions plan - ENVIRONMENTAL LAW - planning - developer's contribution to council's open space and recreation land - contribution not a tax - D
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Kellyville/Rouse Hill Contributions Plan No 8A - Open Space and Recreation
Matthews v Chicory Marketing Board (Vic) (1938) 60 CLR 263 CASES CITED: Meriton Apartments Pty Ltd v Minister for Urban Affairs and Planning (2000) 107 LGERA 363
Baulkham Hills Shire Council (Claimant) PARTIES: Group Development Services Pty Ltd (Opponent)
FILE NUMBER(S): CA 40909 of 2004
B J Preston SC/A Galasso (Claimant) COUNSEL: C McEwen SC/M Seymour (Opponent)
Coleman & Greig (Claimant) SOLICITORS: Hunt & Hunt (Opponent)
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): LEC 10054 of 2004
LOWER COURT JUDICIAL OFFICER: McClellan CJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40909 of 2004
HANDLEY JA IPP JA TOBIAS JA
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