oOh!media Fly Pty Limited v Transport for NSW [2023] NSWLEC 26

Land and Environment Court New South Wales

Medium Neutral Citation: oOh!media Fly Pty Limited v Transport for NSW [2023] NSWLEC 26 Hearing dates: 5, 6, 9, 10, 11, 16 and 17 May 2022; supplementary written submissions by 31 May 2022 Decision date: 07 September 2023 Jurisdiction: Class 3 Before: Moore J Decision: See directions at [480] and [481] Catchwords: COMPULSORY ACQUISITION ‑ claim for compensation ‑ resumption of leasehold interest ‑ 18 advertising billboards owned by claimant ‑ billboards located on road between international and domestic terminals at Sydney Airport ‑ compensation claim for hypothetical digitisation of signs prior to date of acquisition ‑ no legal basis for a claim ‑ if wrong, contingent determination of number of signs which might have been digitised ‑ two signs would have been digitised COMPULSORY ACQUISITION ‑ method to be used for calculating value of leasehold interest ‑ discounted cashflow method appropriate basis of calculation ‑ determination of input factors for such calculation COMPULSORY ACQUISITION ‑ claim for "Digital advantage" ‑ "Digital advantage" claim separate from "Halo effect" claim ‑ no proper evidentiary basis for "Digital advantage" advantage claim ‑ claim rejected COMPULSORY ACQUISITION ‑ claim for "Halo effect" ‑ "Halo effect" said to arise because of claimant's ability to market billboards in combination at multiple airport locations in other cities ‑ no proper evidentiary basis for claim ‑ claim mere assertion ‑ claim rejected COMPULSORY ACQUISITION ‑ claim for fees of forensic accountant ‑ fees claimed pursuant to s 59(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991 ‑ fees said to be incurred as part of providing legal advice to claimant ‑ fees properly claimed - reimbursement of claimed fees to be ordered DIRECTIONS ‑ matter adjourned to permit the parties to consider the findings and calculate compensation based on them and to bring in orders to reflect the determined outcomes Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Land Tax Act 1956, s 3AL State Environmental Planning Policy No. 64 ‑ Advertising and Signage Cases Cited: Antonino Gaudioso v Transport for New South Wales [2021] NSWLEC 91 Attard v Transport for NSW (2014) 205 LGERA 396 Boland v Yates Property Corporation Pty Ltd and Another (1999) 74 ALJR 209; (1999) 167 ALR 575 Bronzel v State Planning Authority (1979) 44 LGRA 34 Burns v Eurobodalla Shire Council (2006) 149 LGERA 227 Canal Aviv Pty Ltd v Roads and Maritime Services [2018] NSWLEC 52 Chong v Fairfield Municipal Council (1968) 16 LGRA 407 Eureka Operations Pty Ltd v Transport for New South Wales [2021] NSWLEC 41 G&J Drivas Pty Ltd v Sydney Metro [2023] NSWLEC 20 Housing Commission of NSW v Falconer [1981] 1 NSWLR 547 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Prince Alfred Park Reserve Trust v State Rail Authority (NSW) (1997) 96 LGERA 75 Roads and Traffic Authority of New South Wales v Mosca (2006) 146 LGERA 335; [2006] NSWCA 159 Russellan Pty Ltd v Roads & Traffic Authority (NSW) (1992) 75 LGRA 263 Sales and Ors v Transport for NSW (No 2) [2021] NSWLEC 96 Sydney Local Health District v Macquarie International Health Clinic Pty Ltd [2020] NSWCA 274 Sydney Water Corporation v Caruso and Ors [2009] NSWCA 391 Transport for NSW v Eureka Operations Pty Ltd [2022] NSWCA 56 Turner v Minister of Public Instruction (1956) 95 CLR 245; [1956] HCA 7 Texts Cited: Oxford Australian Law Dictionary (3rd ed) Category: Principal judgment Parties: oOh!Media Fly Pty Limited (Applicant) Transport for NSW (Respondent) Representation: Counsel: Mr I Hemmings SC/Ms J McKelvey, barrister (Applicant) Mr N Hutley SC/Mr M Astill, barrister (Respondent)