Antonino Gaudioso v Transport for New South Wales [2021] NSWLEC 91

Land and Environment Court New South Wales

Medium Neutral Citation: Antonino Gaudioso v Transport for New South Wales [2021] NSWLEC 91 Hearing dates: 8, 9, 10, 11, 12, 15, 16, 18 and 19 March 2021 20, 21 and 22 April 2021 Date of orders: 27 August 2021 Decision date: 27 August 2021 Jurisdiction: Class 3 Before: Duggan J Decision: See paragraphs 162 and 163 Catchwords: COMPULSORY ACQUISITION – compensation – assessment under s 55(a) Land Acquisition (Just Terms Compensation) Act 1991– determination of market value – whether zoning a consequence of public purpose to be disregarded – rezoning unlikely absent public purpose – rezoning for residential use unlikely – no impact on market value COMPULSORY ACQUISITION – compensation – assessment – disturbance – legal fees – stamp duty – mortgage costs Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Roads Act 1993 (NSW) Cases Cited: Eureka Operations Pty Ltd v Transport for New South Wales [2021] NSWLEC 41 Fitzpatrick Investments Pty Ltd v Blacktown City Council (No 2) (2000) 108 LGERA 417 SNS Pty Ltd v Roads and Maritime Services [2018] NSWLEC 7 Category: Principal judgment Parties: Antonino Gaudioso (First Applicant) Carmel Gaudioso (Second Applicant) Transport for New South Wales (Respondent) Representation: Counsel: I Hemmings SC and L Nurpuri (Applicants) R Lancaster SC and A Hemmings (Respondent)