Azizi v Council of the City of Ryde; Alnox Pty Ltd v Council of the City of Ryde (No 3) [2022] NSWLEC 37

Land and Environment Court New South Wales

Medium Neutral Citation: Azizi v Council of the City of Ryde; Alnox Pty Ltd v Council of the City of Ryde (No 3) [2022] NSWLEC 37 Hearing dates: On the papers Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Class 3 Before: Moore J Decision: See orders at [33] Catchwords: COSTS - compulsory acquisition of land - land acquired by Council to add to public open space - Valuer General determines compensation on hypothetical development potential as medium density housing - dispossessed owners contend for higher valuation based on high density residential potential - Council contends for lower valuation based on existing low density residential zoning - held Valuer General's determination too high but not to the extent sought by Council - less intense medium density development appropriate development potential - claim for stamp duty equivalent compensation - claim rejected - Council contends for less than maximum compensation for Disadvantage resulting from relocation - maximum statutory compensation for Disadvantage resulting from relocation awarded - mixed overall outcome of the proceedings - no unreasonable conduct by dispossessed owners - overall result for dispossessed owners significantly better than that proposed by the Council - Council to pay Applicants' costs of the proceedings COSTS - costs of costs proceedings follow the event - Council to pay Applicants' costs of costs proceedings Legislation Cited: Civil Procedure Act 2005, s 98 Land Acquisition (Just Terms Compensation) Act 1991 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Azizi v Council of the City of Ryde; Alnox Pty Limited v Council of the City of Ryde (No 2) [2022] NSWLEC 3 Banno v Commonwealth of Australia (1993) 45 FCR 32 Brock v Roads and Maritime Services (formerly Roads and Traffic Authority of NSW) (2012) 191 LGERA 267; [2012] NSWCA 404 Dillon v Gosford City Council (2011) 184 LGERA 179; [2011] NSWCA 328 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Qasabian Family Investments Pty Ltd v Roads and Maritime Services (No 2); Fishing Station Pty Ltd v Roads and Maritime Services (No 2) [2017] NSWLEC 179 Roads and Traffic Authority v McGregor & Anor (No 2) [2005] NSWCA 453 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Category: Costs Parties: Matter No 168439 of 2020 Raymond Boutros Azizi (Applicant) Council of the City of Ryde (Respondent)