Castledine Gregory Law and Mediation


Archive for the ‘Local Government’ Category

When do local governments owe a duty of care in providing planning information?

By Castledine Gregory • April 17th, 2018

The Queensland Supreme Court of Appeal has overturned a finding that the Central Highlands Regional Council owed a property purchaser (Geju Pty Ltd) a duty of care, and breached this duty of care by issuing an incorrect planning and development certificate to Geju Pty Ltd’s solicitors.   The essential findings of the Court’s decision canmore…

Scaffidi decision clarifies gift disclosure requirements

By Castledine Gregory • December 19th, 2017

The Supreme Court decision in Scaffidi v Chief Executive Officer, Department of Local Government and Communities [2017] WASCA 222 provides clarification on what constitutes gifts and travel contributions required to be disclosed under the Local Government Act 1995 (WA).   Part 5 of the Local Government Act 1995 (WA) provides that a council member mustmore…

Tort of misfeasance in public office – lessons from Nyoni v Shire of Kellerberrin

By Castledine Gregory • November 21st, 2017

  The Local Government Act 1995 (WA) gives a local government broad powers to do all things necessary or convenient to be done for the good government of its district and to provide services and facilities. However, local governments and officers should be careful that their actions, although well meaning, do not result in themore…

No compensation for ‘injurious affection’ for land identified as public open space in structure plan

By Castledine Gregory • May 22nd, 2017

In Scutti v City of Wanneroo [2017] WASC 70, the WA Supreme Court ruled that land identified as ‘public open space’ under a structure plan is not land ‘injuriously affected’ by a planning scheme  and as a result, the landowners are not entitled to compensation under that regime.   Background   The appellants made twomore…

High Court rules that purchaser of land not entitled to compensation for land injuriously affected by planning scheme

By Castledine Gregory • February 9th, 2017

On 8 February 2017, the High Court ruled on the entitlement of a subsequent owner of land to compensation for the reservation of that land under a planning scheme.  The High Court – in joint decisions in Western Australian Planning Commission v Southregal Pty Ltd and Western Australian Planning Commission v Leith [2017] HCA 7more…

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