Western Districts Developments Pty Limited and Turnpike Lane Pty Limited v Baulkham Hills Shire Council [2009] NSWCA 283

Reported Decision: 169 LGERA 6275 NSWLR 706[2010] ALMD 719[2010] ALMD 886[2010] ALMD 633

New South Wales Court of Appeal

CITATION: Western Districts Developments Pty Limited and Turnpike Lane Pty Limited v Baulkham Hills Shire Council [2009] NSWCA 283

HEARING DATE(S): 12 June 2009

JUDGMENT DATE: 18 September 2009

JUDGMENT OF: Giles JA at 1; Campbell JA at 12; Preston CJ of LEC at 15

1. Leave to appeal granted and direct the filing of the notice of appeal within 7 days. 2. Appeal upheld. DECISION: 3. Set aside the decisions and orders of Brown LCM of 12 February 2008 and Harrison AsJ of 31 July 2008. 4. Remit the matter to the Local Court for quantum of damages to be assessed. 5. The respondent to pay the applicant's costs.

CATCHWORDS: TORTS - negligence - economic loss - issue of subdivision certificate - liability of local council as principal certifying authority for the subdivision - misexercise of statutory power - non-compliance with a requirement for a certificate of compliance by water supply authority - purchase of lot from subdivider - purchasers suffer economic loss having to comply with requirements of water supply authority - whether duty of care owed by principal certifying authority to purchasers in relation to issue of subdivision certificate - APPEAL - decision of Local Court - jurisdiction of appellate court - appeal against judgment or order "but only as being erroneous in point of law" - decision that no duty of care owed - whether decision erroneous in point of law

Civil Liability Act 2002 Conveyancing Act 1919 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Local Court Act 2007 Local Courts Act 1982 Sydney Water Act 1994