Homeworld’s appeal dismissed by court; Ballina Council awarded costs
The NSW Court of Appeal yesterday day dismissed an appeal by Homeworld Ballina Pty Ltd to overturn the NSW Land and Environment Court’s judgment to dismiss an earlier appeal against Ballina Shire Council’s 2007 rezoning of land to extend the Southern Cross Industrial Estate.
In dismissing the appeal, the NSW Court of Appeal ordered Homeworld to pay council’s legal costs.
“The Court of Appeal case was commenced against Ballina Shire Council by Homeworld Pty Ltd following the October 2009 judgment in support of Council’s 2007 rezoning of this land,” Ballina Council said.
“The 2009 Land and Environment Court case against Council, by Homeworld, was based on the assertion that the public exhibition of draft Local Environmental Plan (Amendment No. 95) was misleading.
“Homeworld claimed that the rezoning proposal did not make it clear that bulky goods retailing was a permissible use with development consent in the proposed Industrial Zone.
“In the 2009 judgment Justice Sheahan rejected the argument by Homeworld and ruled that Council’s exhibition of the draft LEP complied with the requirements of the Environmental Planning & Assessment Act 1979 and that all material placed on public exhibition was clear, comprehensive and not misleading.
“The LEP amendment was subsequently upheld and Homeworld’s case was dismissed and Council was awarded its legal costs.
“The 2010 Court of Appeal judgment was again unequivocal. The matter was heard in the Court of Appeal on Monday 29 March 2010 and after hearing submissions made on behalf of Homeworld, the Court indicated that it did not need to hear any submissions on behalf of Council.
“Justice Basten, in delivering the judgment at 9.30am yesterday, three days later, concluded that no error had been demonstrated in the approach taken by the judge in the earlier Land & Environment case, nor in his conclusions.”
The Ballina Shire Mayor, Phillip Silver, said he was proud that Council’s processes were found to be transparent and correct in both cases and the verdicts were unequivocal in their support of Council.
“It was also pleasing to see that Council has been awarded costs in both cases,” he said.
“Total costs payable to Council by Homeworld are anticipated to be in excess of $250,000. Council currently holds bank guarantee against Homeworld for $160,000 in respect to costs for the initial case.”
