Viva Energy Australia Pty Limited v Transport for New South Wales [2021] NSWLEC 67

Land and Environment Court New South Wales

Medium Neutral Citation: Viva Energy Australia Pty Limited v Transport for New South Wales [2021] NSWLEC 67 Hearing dates: 25, 26 February and 2 March 2021 Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Class 3 Before: Duggan J Decision: See paragraphs 90 to 94 Catchwords: COMPULSORY ACQUISITION – compensation – assessment under s 55(f) Land Acquisition (Just Terms Compensation) Act 1991 – service station use – concurrent lessee – nature and scope of concurrent lessee's interest – legal interest – right power or privilege over or in connection with the land – effect of contracts for fuel supply and sale on determination of compensation Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Roads Act 1993 Cases Cited: Collex Pty Ltd v Roads and Traffic Authority of NSW [2005] NSWLEC 601 Dial A Dump Industries Pty Ltd v Roads and Maritime Services (2017) 221 LGERA 73 Eureka Operations Proprietary Limited v Viva Energy Australia Ltd [2015] VSC 648 Moss Capital Pty Ltd v Queanbeyan-Palerang Regional Council (No 2) (2017) 236 LGERA 223 Spencer v The Commonwealth (1907) 5 CLR 418 Valuer-General (NSW) v In Adam Pty Ltd (2012) 211 LGERA 75 Category: Principal judgment Parties: Viva Energy Australia Pty Limited (Applicant) Transport for New South Wales (Respondent) Representation: Counsel: J Horton QC and L Waterson (Applicant) B Tronson and A Edwards (Respondent)