Nohra v Sydney Metro; C & P Automotive Engineers Pty Ltd v Sydney Metro [2023] NSWLEC 95

Land and Environment Court New South Wales

Medium Neutral Citation: Nohra v Sydney Metro; C & P Automotive Engineers Pty Ltd v Sydney Metro [2023] NSWLEC 95 Hearing dates: 14-18 August 2023 Date of orders: 15 September 2023 Decision date: 15 September 2023 Jurisdiction: Class 3 Before: Pain J Decision: The Court orders as follows in proceeding no 2022/40915: (1) Compensation pursuant to Part 3 Division 4 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) for the compulsory acquisition of the Applicants' freehold interest in Lot 23 in DP 733500, known as 8 Tennyson Street, Clyde is determined in the sum of $6,974,472.98 (plus statutory interest). (2) Costs reserved. The Court orders as follows in proceeding no 2022/40567: (1) Compensation pursuant to Part 3 Division 4 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) for the compulsory acquisition of the Applicant's leasehold interest in Lot 23 in DP 733500, known as 8 Tennyson Street, Clyde and disturbance losses is determined in the sum of $2,418,759.99 (plus statutory interest). (2) Costs reserved. Catchwords: COMPULSORY ACQUISITION – claim for compensation for compulsory acquisition of freehold interest in land – determination of market value based on rate applied to portion of acquired property COMPULSORY ACQUISITION – claim for compensation for compulsory acquisition of leasehold interest in land – determination of market value based on rate applied to portion of acquired land – relocation costs payable for fit-out at new premises payable as disturbance – rent differential for temporary sites needed for relocation of business payable as disturbance Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 4, 55, 56, 59, 66 Parramatta Local Environmental Plan 2011 Cases Cited: Barkat v Roads and Maritime Services [2019] NSWCA 240 Big Country Developments Pty Ltd v Transport for New South Wales [2021] NSWLEC 86 Boland v Yates Property Corporation Pty Ltd (1999) 74 ALJR 209; [1999] HCA 64 Brewarrana Pty Ltd v Commissioner of Highways (No 2) (1973) 6 SASR 541 Buhach v Transport for New South Wales [2022] NSWLEC 148 Commissioner of Succession Duties (SA) v Executor Trustee and Agency Company of South Australia Limited (1947) 74 CLR 358; [1947] HCA 10 Dillon v Gosford City Council (2011) 184 LGERA 179; [2011] NSWCA 328 George D Angus Pty Limited v Health Administration Corporation (2013) 205 LGERA 357; [2013] NSWLEC 212 G&J Drivas Pty Ltd v Sydney Metro [2023] NSWLEC 20 Hua v Hurstville City Council [2010] NSWLEC 61 Kenny & Good Pty Ltd v MGICA (1992) Ltd (1999) 199 CLR 413 Konduru v Roads and Maritime Services (2017) 224 LGERA 262; [2017] NSWLEC 36 Qasabian Family Investments Pty Ltd v Roads and Maritime Services; Fishing Station Pty Ltd v Roads and Maritime Services [2017] NSWLEC 73 Roads and Maritime Services v United Petroleum Pty Ltd (2019) 99 NSWLR 279; [2019] NSWCA 41 Roads and Traffic Authority (NSW) v McDonald (2010) 79 NSWLR 155; [2010] NSWCA 236 Sydney Water Corporation v Caruso (2009) 170 LGERA 298; [2009] NSWCA 391 The Trustee for Whitcurt Unit Trust v Transport for NSW [2021] NSWLEC 82 Texts Cited: Rawlinsons Australian Construction Handbook 2022 Category: Principal judgment Parties: 2022/40915 Venera Hope Nohra (First Applicant) Carole Jean Carpenter (Second Applicant) Sydney Metro (Respondent)