Kudrynski v Orange City Council [2023] NSWLEC 9

Land and Environment Court New South Wales

Medium Neutral Citation: Kudrynski v Orange City Council [2023] NSWLEC 9 Hearing dates: 14, 15 and 16 March 2022 Date of orders: 17 February 2023 Decision date: 17 February 2023 Jurisdiction: Class 3 Before: Pepper J Decision: See orders at [76]. Catchwords: COMPULSORY ACQUISITION: flood prone vacant land acquired by the council for the public purpose of stormwater harvesting project – land constrained by easements and affected by traffic noise – highest and best use of the land is for rural-residential development – limited comparable sales evidence – adoption of hypothetical development approach –application of statutory disregard – claim that stormwater harvesting project either unfeasible or illegal irrelevant to proceedings – limited weight placed on valuation evidence of applicant because it was decades old and because no adjustments were made to comparable sales – no other valuation evidence provided by applicant – no town planning evidence relied upon by applicant – Court relied upon the town planning and valuation evidence provided by the respondent to calculate the compensation payable for the acquisition of the land. Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1992, ss 4, 55, 56, 59, 66 Land and Environment Court Act 1979, ss 20, 38 Land and Environment Court Rules 2007, r 7.7 Orange Local Environmental Plan 2011, cll 4.1, 4.6, 7.2 Uniform Civil Procedure Rules 2005, Pt 31, Sch 7 Cases Cited: Marroun v Roads and Maritime Services [2012] NSWLEC 199 UTSG Pty Ltd v Sydney Metro (No 6) [2020] NSWLEC 63 Category: Principal judgment Parties: Alexandra Kudrynski (First Applicant) Julius Kudrynski (Second Applicant) Orange City Council (Respondent) Representation: Counsel: J Kudrynski (as agent for First and Second Applicant) N Eastman with A Richards (Respondent) Solicitors: N/A (Applicant) Marsdens Law Group (Respondent) File Number(s): 2020/330687 Publication restriction: Nil