Kidd v WA

[2014] WASC 99

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Government agreements
3. › Proper construction
4. › Agreement ratified by statute
5. › Whether agreement to be construed in accordance with ordinary principles of contractual construction
6. › Whether additional land granted for purposes of agreement
7. › Identification of purposes of agreement
8. › Casino (Burswood Island) Agreement Act 1985 (WA), s 4, s 7
1. Statutes
2. › Statutory construction
3. › Scope of exemption provision
4. › Whether exemption from planning laws extends to additional land
5. › Interaction between statutory definition and contractual definition
6. › Casino (Burswood Island) Agreement Act 1985 (WA), s 7
1. Contract
2. › Government agreements
3. › Development provisions
4. › Whether power to consent to 'other development' of site exhausted
5. › Whether consent may be given for development on land not yet part of site at date of consent
1. Practice and Procedure
2. › Costs
3. › Public interest litigation
4. › Whether costs should follow the event
5. › Whether separately represented defendants entitled to separate costs
6. › Special costs orders
7. › Legal Profession Act 2008 (WA), s 280(2)

Quick Take

Land granted to the Trustee for the purposes of the Casino Agreement becomes part of 'the Site' under paragraph (b) of the definition, and thereby part of the 'Resort Lands' exempt from the Metropolitan Region Scheme and local planning laws under s 7 of the Casino (Burswood Island) Agreement Act 1985 (WA). The power under cl 13(1)(b) to consent to 'other development' of the Site is not limited to a single development and was not exhausted by the construction of the second hotel. The Minister may grant conditional consent to development on land that will become part of the Site upon completion of a sale transaction.