Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 03 APRIL 2009

High Court Curbs Local Councils Ability In Exercising Compulsory Acquisition Powers

Hunt & Hunt
Explore more from Hunt & Hunt

Yesterday morning the High Court of Australia handed down its decision in the matter of R&R Fazzolari Pty Limited v Parramatta City Council and Mac's Pty Limited v Parramatta City Council. The decision of the High Court confines the way in which local councils exercise their power of compulsory acquisition under the Local Government Act 1993.

AustraliaGovernment, Public Sector
Maureen Peatman
Maureen Peatman
Author LinkedIn connections

High Court Win

Yesterday morning the High Court of Australia handed down its decision in the matter of R&R Fazzolari Pty Limited –v– Parramatta City Council and Mac's Pty Limited –v– Parramatta City Council.

The decision of the High Court confines the way in which local councils exercise their power of compulsory acquisition under the Local Government Act 1993.

The matter was heard by French CJ, Gummow, Hayne, Heydon and Kiefel JJ in November 2008.

Grounds of appeal to the High Court

One of the grounds of appeal in the High Court, was that the NSW Court of Appeal erred by interpreting the expression "purpose of re-sale", in subsection 188(1) of the Local Government Act, to require re-sale to be the dominate purpose. The Act as a whole means that re-sale could only ever be subservient to some other authorised purpose or statutory function proposed to be carried out by Council.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Yindjibarndi And WA Government To Appeal $150 Million Federal Court Native Title Compensation Decision

The State of Western Australia and the Yindjibarndi Ngurra Aboriginal Corporation have both filed appeals against a landmark Federal Court decision awarding $150 million in compensation for cultural loss caused by mining operations in the Pilbara region. This unprecedented case marks the first judicial determination of native title compensation for future acts and the largest cultural loss award in Australian history, establishing critical precedents for how compensation is assessed when native title rights
AustraliaGovernment, Public Sector
Holding Redlich
Holding Redlich
Article

NSW Data Centre Guidelines And Network Connection Consultation Paper

The New South Wales Government has released a comprehensive policy framework for data centre investment, establishing six core principles that developments must address while promising streamlined planning approvals. The framework introduces significant new compliance obligations around energy procurement, cost recovery contributions, and demand flexibility, including a $200,000/MW Major Network Upgrade Fee and requirements for renewable energy agreements with minimum 40% wind component.
AustraliaGovernment, Public Sector
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Victorian Construction Industry Royal Commission: What It Means For Project Participants

The Victorian Government has launched a Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects, examining allegations of corruption, criminal conduct and serious misconduct across major construction projects. The inquiry will scrutinise procurement practices, labour hire arrangements, subcontracting models, supply chains, project governance and government oversight, with implications extending far beyond Victoria's borders.
AustraliaGovernment, Public Sector
Piper Alderman
Piper Alderman