Yesterday in the NSW Court of Appeal, the Coffs Harbour City Council (CHCC) was successful in having parts of a 2019 Land Environment Court decision against them in Noubia Pty Ltd v CHCC overturned.
Chief Justice Bathurst and Justices Bell and Basten ruled that they;
1) Allow the appeal and set aside orders (1), (2), (3) and (5) made in the Land and Environment Court on 13 August 2019.
(2) And therefore,
(a) declare that no amount is payable by the Council to Noubia Pty Ltd with respect to the transfer or dedication of lot 96;
(b) otherwise remit the matter to the Land and Environment Court for assessment of the compensation payable by the Council to Noubia Pty Ltd in respect of lots 94 and 163.
(3) Order that Noubia Pty Ltd pay the Council’s costs in this Court.
This overturns a decision, in relation to Lot 96 The Lakes Estate at least, that was reported on here in Outlook on 15 August last year. A decision that late was supported by the NSW Planning Department.
You can read our earlier stories on this here; https://coffscoastoutlook.com.au/?p=32384
And also here; https://coffscoastoutlook.com.au/?p=35206
The full Appeal Court judgement can be read here; https://www.caselaw.nsw.gov.au/decision/17345717b8de941409fa1c71