High Court of Australia

R & R Fazzolari Pty Limited v Parramatta City Council [2009] HCA 12

Mac's Pty Limited v Parramatta City Council

237 CLR 603; 83 ALJR 557; 254 ALR 1

2 Apr 2009

Case Number: S384/2008 S385/2008

Before

French CJ, Gummow, Hayne, Heydon, Kiefel JJ

Catchwords

Real property – Compulsory acquisition - Where Local Government Act 1993 (NSW) ("LG Act"), s 186(1), provided that council may acquire land "for the purpose of exercising any of its functions" - Where LG Act, s 188(1) provided that council may not acquire land by compulsory process if land being "acquired for the purpose of re-sale" - Relationship between purpose of exercising any council functions and purpose of re-sale - Meaning of "purpose of re-sale" - Whether acquisition of land by council pursuant to development agreement requiring council to hold land acquired on trust for private developer, in exchange for money and money's worth, as part of larger public-private partnership, is acquisition for purpose of re-sale.

Real property – Compulsory acquisition - Where LG Act, s 188(2)(a) provided that land may be acquired by compulsory process even if acquisition for purpose of re-sale if land in question adjoins or lies in vicinity of other land acquired at same time under LG Act, Pt 1 of Ch 8, for purpose other than purpose of re-sale - Where adjoining land comprised public roads already vested in fee simple in council - Where Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 7B provided that State authority authorised to acquire land by compulsory process may do so even where land already vested in authority - Whether adjoining land nevertheless acquired under LG Act, Pt 1 of Ch 8.

Statutes – Interpretation - Presumption that legislature does not intend to interfere with property rights unless contrary intention manifest - Consequences for identification of purpose of acquisition.

Words and phrases – "function", "public-private partnership", "purpose of re-sale", "re-sale".

Local Government Act 1993 (NSW) – ss 24, 26, 186, 187, 188, 400B(1), 400B(2).

Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – s 7B.

Roads Act 1993 (NSW) – ss 7(4), 145(3), 146(1)(e).

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