Community Housing Limited v Clarence Valley Council [2015] NSWCA 327

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Community Housing Limited v Clarence Valley Council [2015] NSWCA 327 Hearing dates: 14 October 2015 Decision date: 19 October 2015 Before: Basten JA at [1]; Gleeson JA at [12]; Leeming JA at [13] Decision: 1. Appeal allowed.

2. In each proceeding, set aside the orders made on 22 December 2014, and in lieu thereof, declare that:

(a) as presently constituted, Community Housing Limited is a public charity for the purposes of s 556(1)(h) of the Local Government Act 1993,

(b) the land identified in each summons owned by Community Housing Limited was, on and from July 2013 until the date of this judgment, used or occupied by it for the purposes in clause 3 of its Constitution, within the meaning of section 556(1)(h) of the Local Government Act 1993 (NSW) (excepting, in the case of the proceedings against Port Macquarie-Hastings Council, the land identified in paragraphs (p), (q), (r) and (s) of the identification of "the Land" in the summons in matter 2013/40924), and

(c) the rates notices issued by the respondent Council in July 2013 in respect of the land referred to in (b) above are invalid.

3. The respondent Councils are to pay the costs of Community Housing Limited at first instance and on appeal. Catchwords: COURTS – jurisdiction – supervisory jurisdiction of superior courts – whether supervisory jurisdiction impliedly excluded by specific right of appeal - Local Government Act 1993 (NSW), ss 574, 674 – Land and Environment Court Act 1979 (NSW), s 20

CHARITABLE TRUST – whether providing housing for low income persons charitable – whether providing training, vocational and skills development charitable