Calarco and Anor v Liverpool City Council [2018] NSWSC 217

Supreme Court New South Wales

Medium Neutral Citation: Calarco and Anor v Liverpool City Council [2018] NSWSC 217 Hearing dates: 20 June 2017 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Common Law - Administrative Law Before: Johnson J Decision: See [105] of judgment. Catchwords: ADMINISTRATIVE LAW - claim for declaratory and prerogative relief - Defendant accepts hardship application by Plaintiffs under Land Acquisition (Just Terms Compensation) Act 1991 - Plaintiffs' property partly zoned "public recreation" and partly zoned "infrastructure - local drainage" - Defendant decides that acquisition under hardship application will apply to "public recreation" land only - whether land zoned "infrastructure - local drainage" is land reserved for "any other purpose that is prescribed as a public purpose for the purpose" of s.26(1)(c) Environmental Planning and Assessment Act 1979 - held that land is so prescribed by Appendix 8 to State Environmental Planning Policy (Sydney Region Growth Centres) 2006 - Plaintiffs entitled to relief - orders made Legislation Cited: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Land Acquisition (Just Terms Compensation) Act 1991 Land Acquisition (Just Terms Compensation) Act 1991 Local Government Act 1993 Supreme Court Act 1970 Local Government (General) Regulations 2005

State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Cases Cited: Carr v Western Australia (2007) 232 CLR 138; [2007] HCA 47 Carson v Department of Environment and Planning (1985) 3 NSWLR 99 Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379; [2006] NSWCA 155 Kingston v Keprose Pty Limited (1987) 11 NSWLR 404 Maloney v Minister Administering the Environment Planning and Assessment Act 1979 (2011) 184 LGERA 386; [2011] NSWLEC 121 Matic v Mid-Western Regional Council [2008] NSWLEC 113 Minister for Immigration and Citizenship v SZJGV (2009) 238 CLR 642; [2009] HCA 40 R&R Fazzolari Pty Limited v Parramatta City Council (2009) 237 CLR 603; [2009] HCA 12 Smith v Roads and Traffic Authority of NSW [2005] NSWLEC 438 Wilson v State Rail Authority of NSW (2010) 78 NSWLR 704; [2010] NSWCA 198 Texts Cited: Pearce and Geddes, "Statutory Interpretation in Australia", 8th edn, LexisNexis Butterworths, 2014 Category: Principal judgment Parties: Giuseppe Calarco and Antonetta Calarco (Plaintiff) Liverpool City Council (Defendant) Representation: Counsel: Mr P Tomasetti SC; Mr J Johnson (Plaintiff) Mr R Lancaster SC; Dr JV Smith (Defendant)