More News on Hangar Owners Victory at Evans Head

Editor:  The following story has been sourced from the facebook site “Great Eastern Fly-In Evans Head 2013”  See also previous story

Historic Bellman Hangar on left where F-111 is to be displayed later this year and one of the hangars involved in the Supreme Court victory on the right

Historic Bellman Hangar on left where F-111 is to be displayed later this year and one of the hangars involved in the Supreme Court victory on the right

VICTORY IS SWEET IN A VERY DIRTY DOGFIGHT WHICH SHOULD NOT HAVE HAPPENED IN THE FIRST PLACE AT EVANS HEAD MEMORIAL AERODROME:

Today 21st March 2013 in a landmark decision in the NSW Supreme Court.  His Honour Justice I Gzell has ordered that the Heritage Agreement on the Evans Head Memorial Aerodrome to allow development of an Airpark and a Retirement Village/Nursing Home to proceed (even though RSL Lifecare has pulled out citing excessive costs/charges by Richmond Valley Council in excess of $12 Million).
His Honour also awarded full costs to the plaintiffs, two small hangar lessees on the aerodrome with legal and binding leases on the Heritage listed site.
From the outset the hangar lessees wanted the Heritage Agreement to be signed as long as Richmond Valley Council registered the leases with the NSW Land Titles Office to secure their tenure if the Aerodrome land was sold or onsold. The Council at the 11th hour refused this issuing us with Orders to appear at the Supreme Court seeing the Caveats be lifted.
The RVC ratepayers are now facing a huge legal bill because the RVC at the 11th hour of “so called negotiations” gave us notice to appear at The Supreme Court on January 31st this year in efforts to have lawful Caveats lifted on the hangar leases.
RVC could have taken the easy way out, but decided to take us on in the highest Court in NSW.
This has been a significant victory for Evans Head Memorial Aerodrome and appropriate aviation business and housing to proceed at the site, which will create much needed employment and opportunities for the entire community.
The inference that we hangar owners were threatening development at the site and the acquisition of a former RAAF F-111 from the Defence Department, and further inferences that we could have been in some way the problem with RSL Lifecare pulling out of its deal have been blown out of the water.
Not only is it a significant move forward for Evans Head the decision by His Honour has significant ramifications for other aerodromes throughout Australia.
~~~~~~~~~~~~~
This Court victory is proudly dedicated to those young men and women at very tender ages who served at RAAF Station Evans Head during WWII, and many of who did not return to Australia defending our freedom we enjoy today. +++ LEST WE FORGET +++
There are other implications including breaches of the Transfer Deed with the Federal government.

The legal team who took on a massive dogfight and won for the entire community – Barrister SC Martin Hadley (seated) and Ballina solicitor Andrew McInnes, with hangar lessee Halden Boyd after the Court victory today in Sydney.

Photo: VICTORY IS SWEET IN A VERY DIRTY DOGFIGHT WHICH SHOULD NOT HAPPENED IN THE FIRST PLACE AT EVANS HEAD MEMORIAL AERODROME:<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
Today 21st March 2013 in a landmark decision in the NSW Supreme Court His Honour Justice I Gzell has ordered that the Heritage Agreement on the Evans Head Memorial Aerodrome to allow development of an Airpark and a Retirement Village/Nursing Home to proceed (even though RSL Lifecare has pulled out citing excessive costs/charges by Richmond Valley Council in excess of $12 Million).<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
His Honour also awarded full costs to the plaintiffs, two small hangar lessees on the aerodrome with legal and binding leases on the Heritage listed site.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
From the outset the hangar lessees wanted the Heritage Agreement to be signed as long as Richmond Valley Council registered the leases with the NSW Land Titles Office to secure their tenure if the Aerodrome land was sold or onsold. The Council at the 11th hour refused this issuing us with Orders to appear at the Supreme Court seeing the Caveats be lifted.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
The RVC ratepayers are now facing a huge legal bill because the RVC at the 11th hour of "so called negotiations" gave us notice to appear at The Supreme Court on January 31st this year in efforts to have lawful Caveats lifted on the hangar leases.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
RVC could have taken the easy way out, but decided to take us on in the highest Court in NSW.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
This has been a significant victory for Evans Head Memorial Aerodrome and appropriate aviation business and housing to proceed at the site, which will create much needed employment and opportunities for the entire community.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
The inference that we hangar owners were threatening development at the site and the acquisition of a former RAAF F-111 from the Defence Department, and further inferences that we could have been in some way the problem with RSL Lifecare pulling out of its deal have been blown out of the water.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
Not only is it a significant move forward for Evans Head the decision by His Honour has significant ramifications for other aerodromes throughout Australia.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
~~~~~~~~~~~~~<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
This Court victory is proudly dedicated to those young men and women at very tender ages who served at RAAF Station Evans Head during WW2, and of who did not return to Australia defending our freedom we enjoy today. +++ LEST WE FORGET +++<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
There are other implications including breaches of Picture: The legal team who took on a massive dogfight and won for the entire community - Barrister SC Martin Hadley (seated) and Ballina solicitor Andrew McInnes, with hangar lessee Halden Boyd after the Court victory today in Sydney.
Editor’s Note: This story has also been covered by the Northern Star:
So that everyone’s clear as there seems to be some confusion created by others,  Richmond Valley Council not only has to pay  its own costs for taking the hangar owners to the Supreme Court but also has to pay their costs as well.  In other words the ‘poor bloody ratepayers’ are footing the bill yet again for a council action that need not have happened in the first place.  Council has  been dragging its feet for years on the leases.  There was no need to go to court at all.  Council had an obligation under the Deed of Agreement for the Aerodrome to look after their interests.
Front page from the Deed of Agreement with the Commonwealth Government

Front page from the Deed of Agreement with the Commonwealth Government

Opening page of the Deed

Opening page of the Deed

Deed local govt undertakings

Paragraph 2 l from the Deed

Paragraph 2 l from the Deed

 

 

 

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