Baulkham Hills Shire Council v Wrights Road Pty Limited [2007] NSWCA 152

Reported Decision: 153 LGERA 219

New South Wales Court of Appeal

CITATION: Baulkham Hills Shire Council v Wrights Road Pty Limited [2007] NSWCA 152 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 1 June 2007

JUDGMENT DATE: 26 June 2007

JUDGMENT OF: Spigelman CJ at 1; McColl JA at 23; Gzell J at 24

DECISION: 1 Appeal upheld; 2 Respondent to pay the Appellant's costs; 3 Proceedings No 657 of 2006 in the District Court of New South Wales are dismissed with costs.

CATCHWORDS: LIMITATION OF ACTIONS - Statutes of limitation - Recovery from council of monetary contribution - Limitation period - Applicable if monetary contribution was a tax within the meaning of the act - Statutory construction - Limitation period applicable - Recovery of Imposts Act 1963 (NSW), ss 1A, 2, 5 - Environmental Planning and Assessment Act 1979 (NSW), s 94 - LOCAL GOVERNMENT - Payment by developer to council of monetary contribution as a condition of development consent - Action to recover part of payment from council - Limitation period - Applicable if monetary contribution a tax within the meaning of the act defined as "fee, charge or other impost" - Limitation period applicable - Recovery of Imposts Act 1963 (NSW), ss 1A, 2, 5 - Environmental Planning and Assessment Act 1979 (NSW), s 94

Environmental Planning and Assessment Act 1979, s94 LEGISLATION CITED: Recovery of Imposts Act 1963, s1A, s2, s5 Uniform Civil Procedure Rules 2005, r13.4

Baulkham Hills Shire Council v Group Development Services Pty Limited [2005] NSWCA 2315 CASES CITED: Group Development Services Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 537 Meriton Apartments Pty Limited v Minister for Urban Affairs and Planning (2000) 107 LGERA 363