J.M. LEMOS’ Post

Richard Beasley SC, alongside Luke Waterson, successfully appeared for the appellant (Sydney Metro) in the Court of Appeal to appeal against the decision of the Land and Environment Court which found Expandamesh Pty Ltd to be entitled to compensation under the Land Acquisition (Just Terms Compensation) Act 1992 (Just Terms Act) following the acquisition of a substratum of the respondent’s land for the purposes of the Sydney Metro project (first instance decision: Sydney Metro v Expandamesh Pty Ltd [2022] NSWLEC 137). The central issue on appeal was whether the “surface of overlying soil” owned by the respondent was relevantly “disturbed” by Sydney Metro’s acquisition of the substratum and subsequent construction of two tunnels to serve the Sydney Metro City and Southwest Project, which will service the new Waterloo railway station. Although the construction of the tunnels was found by the trial judge to have caused up to 1.5mm of subsidence of the dispossessed land-owner’s land, the Court of Appeal held that in the circumstance of this case this did not mean that the surface had been “disturbed” on the proper construction of that word in cl 2(1)(a) of Sch 6B of the Transport Administration Act. The Court of Appeal therefore found that the respondent was not entitled to any compensation pursuant to the Just Terms Act. This decision is likely to have an impact on some or all instances where substrata of land has been acquired for the purposes of the Sydney Metro Project. To read the full judgement, please follow this link: https://lnkd.in/gPxaXYnZ

Hail to The Freedom to Contract! The Supreme Court of Canada continues its journey to preserve and promote the right to freely negotiate terms when entering a commercial contract. The common law freedom empowers contracting parties to exclude statutory rights and obligations in the Sale of Goods Act (Ontario) (the "SGA"). In Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2022 ONCA 265, 2024 SCC 20 (40197), the Supreme Court considered a contracting party’s ability to contract out of a statutorily implied condition under the SGA. The Court explained its main task on the appeal was to set out the proper way to interpret exclusion clauses in contracts for the sale of goods. The Court noted that this task involves determining what qualifies as an express agreement under s. 53 of the SGA, as informed by recent cases on the interpretation of contracts and the legal operation of exclusion clauses. In applying Sattva and other precedent, the court reaffirmed that when applying the principles of contractual interpretation and the law concerning exclusion clauses, it is the objective intention of the parties that must be the paramount consideration. https://canlii.ca/t/k4xj6

Implementation of the CPO provisions of the LURA continues - with updates to process and compensation. Interesting to see how these provisions impact the use of compulsory purchase in delivery much needed housing and regeneration across the country. #cpo #compulsorypurchase #housing #regeneration #LURA

Important changes for CPO practitioners to be aware of are coming into effect relating to new prescribed forms, additional provisions to be included in CPOs where a direction under s.14A of the LCA 1961 is proposed and related regulations. The Compulsory Purchase Association

Cabinet has today, 3rd October, approved the 𝗣𝗹𝗮𝗻𝗻𝗶𝗻𝗴 𝗮𝗻𝗱 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁 𝗕𝗶𝗹𝗹 𝟮𝟬𝟮𝟯 for consideration of the Houses of the Oireachtas and in order to reform and consolidate the planning code. It will be a while longer before the final Bill is published. Key reforms in the proposed legislation include: - Extension of the life cycle of city/county dvelopment plans to 10 years with review after year 5 - Replacement of LAPs with "Urban Area Plans" for regional growth centres and key towns, "Priority Area Plans" for sub part of urban areas, and "Joint Area Plans" for those urban areas situated within the administrative area of more than one Local Authority - Restructuring An Bord Pleanála to separate decision making & governance structures, with this quasi-judicial body to be re-named An Coimisiún Pleanála - Introduction of statutory mandatory timelines to all consent processes including An Coimisuin Pleanala decisions to range from 18 weeks for appeals and 48 weeks for SIDs - Reforming planning Judicial Review and introduction of Environmental Legal Cost Scheme - Ministerial guidelines and policy directives will be upgraded to "National Planning Policy Statements" & "National Planning Policy Guidance" - New provision for Urban Development Zones For more information, see "𝗚𝘂𝗶𝗱𝗲 𝘁𝗼 𝘁𝗵𝗲 𝗣𝗹𝗮𝗻𝗻𝗶𝗻𝗴 𝗮𝗻𝗱 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁 𝗕𝗶𝗹𝗹 𝟮𝟬𝟮𝟯" that can be accessed via the link below: #planning_bill #planning_reform #Irish_planning_system

Enclosed is urgent directive, issued by the Prime Minister of Vietnam, addresses the implementation of Land Law No. 31/2024/QH15. The directive is aimed at expediting the integration of this law into practice, to have it take effect from July 1, 2024. Various ministries are assigned specific tasks to facilitate this process. (i) The Ministry of Natural Resources and Environment is instructed to collaborate with relevant ministries and agencies to propose detailed decrees to the Government. These decrees will cover various aspects, including land investigation, registration, compensation policies, land pricing, coastal encroachment regulations, and administrative penalties related to land matters. Additionally, the Ministry will oversee the issuance of technical regulations concerning land surveys, protection, restoration, and the management of land-related documents. (ii) The Ministry of Finance is tasked with proposing decrees related to land development funds and the collection of land use fees and rentals. Moreover, it will oversee the issuance of regulations governing the management and utilization of exploitation and use fees for land-related documents. (iii) Other ministries, such as the Ministry of Agriculture and Rural Development, the Ministry of Labor - Invalids and Social Affairs, and the Ministry of Home Affairs, are also assigned specific responsibilities related to land matters. Furthermore, provincial People's Councils and People's Committees are directed to issue legal documents to specify the implementation of the Land Law at the local level. The directive emphasizes the need for prompt action to ensure compliance with the Prime Minister's instructions and the deadlines set forth in Decision No. 222/QD-TTg issued on March 5, 2024. It also mandates close monitoring and reporting of the progress made by the Government Office to the Prime Minister and Deputy Prime Minister. ---------- VSE LAWYERS #VSE #VSE_LAWYERS #LandLaw

The SRO has published a Ruling (DA-064v2) on 31 October 2023 clarifying the actions and activities held to constitute land development for the purposes of assessment of stamp duty in Victoria. Under section 3(1) of the Duties Act 2000 (Vic), land development means: preparing a plan of subdivision of the land or taking any steps to have a plan registered under the Subdivision Act 1988 (Vic); applying for or obtaining a permit under the Planning and Environment Act 1987 in relation to the use or development of the land; requesting under the Planning and Environment Act 1987 (Vic) a planning authority to prepare an amendment to a planning scheme that would affect the land; applying for or obtaining a permit or approval under the Building Act 1993 (Vic) in relation to the land; doing anything in relation to the land for which a permit or approval referred to in paragraph (d) would be required; developing or changing the land in any other way that would lead to the enhancement of its value. The Ruling can be found in the link below:

https://lnkd.in/eeSv2dQD Bid Board/ Researching Government Contracts Webinar is happening in 15 minutes. We have a few spots left.

Dear Presales, Bid managers and Business development Leaders, members and aspirants. Wishing you a Happy International Day of Bids and Proposals. This is first of its kind to recognize and appreciate the role we professionals play in Business revenue generation being the backbone of every sale. #igniteyourpassion #apmp #bids #presales #proposalmanagement #rewards #recognition #Businessdevelopment #apmpindia

It was great to have assisted on this important and topical piece of litigation. Clarification of the law is very welcome in this space. Read on for key insights.