2014-04-28 Late Report RF Thompson Compensation Claim

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.




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