In a decision handed down two days ago in the NSW Land and Environment Court the Coffs Harbour City Council was ordered to pay costs of almost $4.5million to Noubia Pty Ltd.
The case of Noubia Pty Ltd v Coffs Harbour City Council (CHCC) related to the Lakes Estate area of Coffs Harbour in North Boambee Valley. Specifically Lots 94, 96 and 163 of the Lakes Estate which Noubia contended was taken as public land by the CHCC and not reimbursed at a reasonable value taking into account all associated costs.
The competing values contended for the three lots were:
|LOT||APPLICANT (Noubia)||RESPONDENT (CHCC)|
The decision by Justice Sheehan
- The orders finally sought by the Applicant (Noubia) should be made, other than in respect of stamp duty.
- The parties agreed that interest would be payable.
- As the Applicant has been successful on the vast bulk of its claims it should also have an order for its costs.
- The minor dispute about pleadings which became redundant should be capable of agreement between solicitors, or resolution by a costs assessor. “
What does this mean?
As is the case for all unsuccessfully appealed cases decided on in the NSW Land and Environment Court the CHCC would have to pay the amount awarded.
The figure of nearly $4.5m includes interest and legal and other costs.
The Coffs Coast Outlook understands that paying for decisions such as this normally comes out of ratepayer monies in Council finances.
The full court judgement and decision can be found here: https://www.caselaw.nsw.gov.au/decision/5d4a1731e4b02a5a800c2e74