Joyce v Health Administration Corporation [2018] NSWSC 1679

Supreme Court New South Wales

Medium Neutral Citation: Joyce v Health Administration Corporation [2018] NSWSC 1679 Hearing dates: 30 October 2018 Date of orders: 30 October 2018 Decision date: 30 October 2018 Jurisdiction: Common Law Before: Fagan J Decision: (1) The notice of motion filed 26 October 2018 is dismissed. (2) The plaintiffs are to pay the defendants' costs of the notice of motion. (3) The costs that the plaintiffs are to pay the defendants of the notice of motion are to be assessed on an indemnity basis. Catchwords: ADMINISTRATIVE LAW – judicial review – NSW Ministers for Health and for Finance – application for review of decisions to abridge notice period for compulsory acquisition of land from 90 to 30 days – Land Acquisition (Just Terms Compensation Act 1991 (NSW), s 13 – proposed acquisition notice with abridged notice period served – interlocutory injunction sought against Gazettal of compulsory acquisition notice – whether triable issue as to jurisdictional error

LAND LAW – compulsory acquisition of land – procedure for acquisition – notice to owners – review of administrative decisions to abridge notice period – notice served – interlocutory injunction sought against Gazettal of compulsory acquisition notice – land proposed to be compulsorily acquired by Health Administration Corporation for construction of hospital – where bona fide negotiations with owners continued for at least eight months – where negotiations unsuccessful – where perceived urgency for construction of new hospital facilities for provisions of healthcare to locality – whether triable issues – whether balance of convenience favours interlocutory relief – application refused