Tamworth Regional Council v Hanson [2016] NSWSC 1334

Supreme Court New South Wales

Medium Neutral Citation: Tamworth Regional Council v Hanson [2016] NSWSC 1334 Hearing dates: 24 March 2016 Decision date: 21 September 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Appeal upheld. (2) The order of 16 October 2015 of Stapleton LCM in the Local Court giving judgment in favour of the defendants, G T Hanson and C C Hanson, is quashed. (3) Judgment for the plaintiff, Tamworth Regional Council, in a sum to be determined. (4) The order of 16 October 2015 of Stapleton LCM in the Local Court for indemnity costs against the plaintiff, Tamworth Regional Council, is quashed. (5) The defendants, G T Hanson and C C Hanson, must pay the costs of the proceedings before Stapleton LCM in the Local Court on the ordinary basis. (6) The defendants, G T Hanson and C C Hanson, must pay the costs of the proceedings before me on the ordinary basis. (7) Quantum is reserved pending receipt of calculations from the parties giving effect to [93] of my judgment. Catchwords: CIVIL – construction of a Deed – whether clause within Deed can act as a bar to proceedings – construction of undefined term within Deed – whether Council empowered to waive rates previously assessed Legislation Cited: Civil Procedure Act 2005 (NSW) s 60 Local Court Act 2007 (NSW), ss 39, 39(1), 40(1) Local Government Act 1993 (NSW), ss 21, 220, 220(1) Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; [1982] HCA 24 Fitzgerald v Masters (1956) 95 CLR 420; [1956] HCA 53 Jones v Bradley (No 2) [2003] NSWCA 258 Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council [2014] NSWCA 429 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Watson v Phipps (1985) 63 ALR 321; (1985) 60 ALJR 1 Category: Principal judgment Parties: Tamworth Regional Council (Plaintiff) G T Hanson (First Defendant) C C Hanson (Second Defendant) Representation: Counsel: S Bell (Plaintiff) B D Kaplan (Defendants)