The Law Library of Victoria Home Menu

Manor Central Nominees P/L & Manor Commercial Company P/L v Wyndham City Council [2021] VSC 92

LOCAL GOVERNMENT, JUDICIAL REVIEW
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Richards J
Parties: 

Manor Central Nominees P/L & Manor Commercial Company P/L v Wyndham City Council

Judgment Date: 
3 March 2021
Catchwords: 

LOCAL GOVERNMENT - Power of council in s 187, Local Government Act 1989 (Vic) to acquire land - Compulsory acquisition of easement - Land not reserved for a public purpose under a planning instrument - Whether acquisition of land in a prescribed class of land within s 5(2), Land Acquisition and Compensation Act 1986 (Vic) - Construction of reg 6(b), Land Acquisition and Compensation Regulations 2010 (Vic) - Nature of interest acquired - Local Government Act 1989 (Vic), ss 187, 187A - Land Acquisition and Compensation Act 1986 (Vic), s 5 - Land Acquisition and Compensation Regulations 2010 (Vic), reg 6.

JUDICIAL REVIEW - Whether power to acquire land exercised for an improper or ulterior purpose - Scope of power of acquisition in s 187, Local Government Act 1989 (Vic) - Whether permissible to infer the Council's purpose from evidence of statements by Council officers and consultants - Acquisition within scope of power - Local Government Act 1989 (Vic), ss 3A, 3C, 3E, 3F, 187.

Citation: