Council to be refunded Hornsby Quarry GST
Friday 28 November, 2008
The Supreme Court of New South Wales yesterday ruled in favour of Hornsby Council and granted it access to the documents that the Valuer General of NSW relied upon in determining the amount of compensation payable by Council for the compulsory acquisition of Hornsby Quarry.
The documents will enable Council’s legal advisers to finalise advice on the prospects of seeking damages in respect of the Hornsby Quarry acquisition.
Mayor of Hornsby, Nick Berman said today, "I am very pleased that we have won the right to access these documents. This decision is a positive step forward in Council's fight to appeal the compensation it was required to pay to CSR in 2003."
"Council believes the Valuer General's valuation of $25 million plus $99,500.00 for disturbances was grossly inflated and did not properly consider the geotechnical and other limitations of the site."
"I want to reassure the community that Hornsby Council acted appropriately in its compulsory purchase of Hornsby Quarry," the Mayor went on to say.
"Because of the legislation that existed at the time Hornsby Council had no legal choice but to purchase the quarry at the price set by the Valuer General. This has been confirmed by both Mr Tim Robertson, Senior Counsel, and the Director-General of the Department of Local Government," said the Mayor.
In March 2006, Council invited the Minister for Local Government to review Council’s actions taken in the purchase of the quarry and determine whether Council’s actions were appropriate or if any further investigation was required. The Director-General of the Department replied that he was satisfied with the approach taken by Council.
In order to prevent Hornsby Council or any other Council being placed in a similar situation ever again, Council successfully lobbied the State Government to overturn the legislation which resulted in the forced acquisition of Hornsby Quarry.
In late November the new Councillors will attend a session to brief them on the background to Hornsby Quarry.
"In the next four years we look forward to working with the community to appeal the Valuer General’s valuation and to finalise the future of the site," the Mayor concluded.
Justice Adams' full judgement is available from the Supreme Court of NSW website.