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Melbourne Water Corporation (ABN 81 945 386 953); Yarra Valley Water Corporation (ABN 93 066 902 501) v Caligiuri, Anthony; J.I.I Investments P/L (ACN 624 255 812); Attorney General (on behalf of the State of Victoria) and Attorney General [2020] VSCA 16

JUDICIAL REVIEW, CIVIL PROCEDURE
Victorian Court of Appeal
Judge(s): 
Whelan, Niall and Emerton JJA
Parties: 

Melbourne Water Corporation (ABN 81 945 386 953); Yarra Valley Water Corporation (ABN 93 066 902 501) v Caligiuri, Anthony; J.I.I Investments P/L (ACN 624 255 812); Attorney General (on behalf of the State of Victoria) and Attorney General

Judgment Date: 
13 February 2020
Catchwords: 

JUDICIAL REVIEW - Procedural fairness - Compulsory acquisition of land by water corporations for purpose of providing water infrastructure - Land not reserved for a public purpose - Certification that reservation 'unnecessary, undesirable or contrary to the public interest' - Applicants had interest in acquired land under contract of sale with registered proprietor - Applicants not given an opportunity to be heard - Applicants sought orders invalidating steps taken by water authorities to acquire land compulsorily - Judge declared Notice of Acquisition ('NOA') to be invalid - Whether publication of NOA conditioned by obligation to accord procedural fairness - Publication of NOA not so conditioned - Land Acquisition and Compensation Act 1986 (Vic) ss 4, 5, 6, 7, 8, 12, 18, 19, 20, 22, 30, 31, 51; Planning and Environment Act 1987 (Vic) ss 19, 20, 21, 22, 23, 24; Water Act 1989 (Vic) s 130; Annetts v McCann (1990) 170 CLR 596, Kioa v West (1985) 159 CLR 550, SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152, applied.

CIVIL PROCEDURE - Application to make orders allowing appeal by consent - Court has duty to be satisfied of appellable error - Appeal allowed - Telstra Corporation Limited v Minister for Broadband, Communications and Digital Economy (2008) 166 FCR 64, applied.

CIVIL PROCEDURE - Whether registered proprietor of land a necessary party to the proceeding - Registered proprietor entitled to apply for compensation - Declaration that NOA invalid affected right to claim compensation - Only became aware of proceeding after the trial had concluded - Rights affected by the proceeding from the outset - News Limited v Australian Rugby Football League Limited (1996) 64 FCR 410, applied.

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