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2014-04-28 Late Report RF Thompson Compensation Claim

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GENERAL COMMITTEE MEETING - LATE REPORT                                            28 APRIL 2014


17.   RF THOMPSON (QLD) PTY LTD V NOOSA SHIRE COUNCIL - COMPENSATION CLAIM

Author            Chief Executive Officer, Brett de Chastel
                  Executive Office

Index             ECM/ Subject/ Governance & Administration - CEO

Attachments       Nil.



EXECUTIVE SUMMARY

Not Applicable.

RECOMMENDATION

That Council note the late report by the Chief Executive Officer to the General Committee
Meeting dated 28 April 2014 regarding the successful Planning and Environment Court outcome
of the compensation claim in relation to RF Thompson (Qld) Pty Ltd v Noosa Shire Council.



REPORT

The purpose of this report is to advise the Council of a successful judgement in relation to the
longstanding town planning compensation claim by RF Thompson (Qld) Pty Ltd bought against
the Noosa Shire Council. Judge Robin delivered his judgement on Thursday 24 April 2014. The
judge dismissed the claim for compensation and found in Council’s favour. The 222 page
judgement is quite complex but the history and significance of the case is set out below.

1.    History
•     Following the adoption of the 1997 Strategic Plan, a number of landowners took court
      action against the Council claiming “injurious affection” ie that the value of their property
      had been affected by the changes to the Planning Scheme;
•     By 2001, the total value of those multiple claims against amounted to $94M. The Council
      disclosed each year the balance of any outstanding claims in its audited financial
      statements as a contingent liability;
•     The RF Thompson (Qld) Pty Ltd v Noosa Shire Council claim was the largest of those
      claims and is last one to be finalised;
•     The claim by RF Thompson (Qld) Pty Ltd was lodged in 2000 and was originally for
      $34.629M but subsequently increased to $52.904M. The compensation claim related to
      the land currently known as Settlers Cove;
•     For many years, the former Noosa Council had fought the various town planning
      compensation claims and had significant success through the courts. By the time of the
      amalgamation, the RF Thompson (Qld) Pty Ltd claim was the last outstanding claim;
•     The RF Thompson (Qld) Pty Ltd case has effectively been running for 14 years making it
      one of the longest running and most significant (in dollar terms) cases the Noosa Council
      has ever had; and
•     During the amalgamation years, the Sunshine Coast Regional Council continued to support
      the former Noosa Council’s position and applied significant resources and support to this
      case.



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Section 2

GENERAL COMMITTEE MEETING - LATE REPORT                                              28 APRIL 2014


2.     The Judgement
•      Judge Robin delivered a 222 page judgement on 24 April 2014. The formal hearing of the
       case took place over almost 8 weeks during August, September and October 2013 and
       February 2014;
•      The Judge found that the applicant for compensation did not establish that its interest in the
       land was “injuriously affected” by the changes in the 1997 Strategic Plan;
•      These findings have been extensively documented both on the factual evidence (the Court
       generally accepted the factual evidence of Council’s experts) and on legal points where the
       judge also found in Council’s favou;
•      As a matter of curiosity, as this case lasted so long, the Judge had to return from retirement
       to deliver his final judgement;
•      It is up to RF Thompson (Qld) Pty Ltd as to whether they wish to appeal against this
       judgement. An appeal can only be made on the grounds of an error in law; and
•      This case was being followed by many other local governments as it will add to the body of
       case law about the impacts on Councils when Planning Schemes are changed.

This is a good result for Noosa Council. Subject to any further appeals in this case, it brings to a
successful end any financial uncertainty from outstanding compensation claims.

Acknowledgement should also be provided to Wakefield Sykes, Council’s Solicitor on this case.
Although supported by a team of expert witnesses and barristers, Mr Sykes has marshalled this
highly complex case with specialist skill over a number of years.

Previous Council Consideration

Nil.

Finance & Risk

The successful outcome of this appeal removes a major financial risk for the Council. Obviously,
the applicant may choose to appeal the result which could involve further legal expenses.

Given the long history of the case and the fact that expenditure was incurred prior to the 2008
amalgamation as well as by the Sunshine Coast Regional Council during the amalgamation
years, it is not possible to identify the exact cost of running this case at this stage.

Consultation

External Consultation - Community & Stakeholder

Nil.

Internal Consultation

Nil.




                                                                                        Page 2 of 3

Section 3

GENERAL COMMITTEE MEETING - LATE REPORT                                  28 APRIL 2014


Departments/Sections Consulted:

    Community Services                   Planning & Infrastructure
    Disaster Management & Public Order   Building & Plumbing Services
    Waste & Environmental Health         DA Planning
    Community Facilities                 Strategic Land Use Planning
    Cultural Facilities                  Asset Design & Investigations
                                         Asset Planning
                                         Civil Operations
                                         Environment

X   Executive Office                     Corporate Services
    Community Engagement                 Finance
    Customer Service                     ICT
    Executive Support                    Procurement & Fleet
    Governance                           Property & Facilities
    Human Resources                      Revenue Services




                                                                           Page 3 of 3

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