Verde Terra v Central Coast Council

4 July 2023

Council Statement

Following the NSW Court of Appeal judgment delivered on 2 June 2023 in the matter of Verde Terra v Central Coast Council, Council has been notified that Verde Terra (VT) has filed an application for special leave to appeal to the High Court of Australia. 

At this stage, Council has not been served with the application, but intends to actively respond.

MDA Statement

The MDA spoke with Edward Hock (Council solicitor).

He said that although VT filed an application to appeal to the High Court, it is not automatic. The High Court goes through all the files and then decides whether to allow this. This should happen in Spring. If the appeal is granted, the court case will happen this year. Mr. Hock did not know how quickly the judgement would take.

He said that the LEC judgement was a unanimous decision by three judges.

This is VT’s last right of appeal.

Central Coast Council will be arguing against.

The MDA also spoke with Leisl Tesch’s office. Her staff said that there was nothing Leisl could do while the matter is in court. We must have faith in the court system.