NSW to fight court decision over Barangaroo views
The NSW government plans to appeal a court decision that found it had breached its contracts with James Packer's Crown Resorts and infrastructure giant Lendlease during drawn-out negotiations over harbour views from Barangaroo.
Crown and Lendlease scored a major win in their costly legal battle against the state-run Barangaroo Delivery Authority last month, when the NSW Supreme Court found the government had not negotiated in good faith with the two companies about its plans to develop the Central Barangaroo precinct.
Crown and Lendlease feared the proposed development, which is being built by a Grocon-led consortium, would obscure views of the Sydney Opera House and Harbour Bridge from their buildings at Barangaroo South.
The companies launched legal action against the authority last August in a bid to protect their "sight lines" to the city landmarks.
They argued clauses in their contracts with the authority required the BDA to negotiate with them in good faith about proposed departures from the initial plan for Central Barangaroo which they say guaranteed them views to the harbour.
But the BDA argued the relevant clauses in the contracts were focused on good faith negotiations, which balanced its desire to optimise development at the site, and did not guarantee those "sight lines" would be retained.
Justice Robert McDougall said in his decision last month that the negotiations were required to start from the position that Crown and Lendlease’s sight lines were to be retained.
"Whether they actually are retained is a matter that will be determined in those good faith discussions and negotiations," a summary of the judge's decision said.
His findings meant talks between the authority and the companies had to proceed with the aim of maximising views from Crown's $2 billion tower and Lendlease's planned high-rise apartments.
On Monday, lawyers for the Barangaroo Delivery Authority filed a notice of its intention to appeal the court's decision in the NSW Court of Appeal.
The authority now has three months to lodge the formal appeal. It is understood the appeal process would not preclude the parties from continuing their negotiations over the site.
Justice McDougall said in his decision that he had "no doubt" his ruling would be appealed.
The BDA declined to comment.