Bycon v. Moira Shire Council Council informed the plaintiffs solicitors, inter alia: ‘(a) The Council desired to sell the Council land and the railway land to Nelread on condition that the Safeway supermarket and petrol filling station be developed on the land; (b) That public notice of Councils intention to sell the Council land and the railway land appeared in a local newspaper Moira Matters on 4 February 1998; and (c) The Council would contract with Nelread that the contract for the sale of the land between the Council and Nelread would be conditional upon the Council complying with s.223 of the Act and resolving at the completion of the requirements of s.223 of the Act that it is appropriate to sell the Council land and railway land to Nelread’; (lii) By a letter dated 12 February 1998 the plaintiffs object to the Notice of Intention to sell the Council land and the railway land; (liii) By letter dated 18 February 1998 the plaintiffs solicitors, Rogers & Gaylard correspond with the Council by its C.E.O. evidencing procedural irregularities by the Council by reason of its resolution at its special council meeting on 2 February1998 and its purported intention to sell the land pursuant to s.189 of the Act as advertised on 4 February 1998; (liv) By letter dated 20 February 1998 the third plaintiff corresponds with the Councils C.E.O., Mr. Cator, seeking resolutions of Councils special meeting on 2 February 1998 and a copy of the contract for the proposed sale of land which was refused. The third plaintiff asserts the plaintiffs have been denied natural justice as evidenced in the refusal by the Council to provide information required for the plaintiff to prepare their submissions in accordance with the Notices of Intention to sell the land;
Posted on: Sat, 24 May 2014 08:07:57 +0000
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