KOUTSOURAS v STATE RAIL AUTHORITY [1991] NSWCA 168

KOUTSOURAS v STATE RAIL AUTHORITY SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE and MEAGHER JJA 28 and 29 October 1991, 28 November 1991

[1991] NSWCA 168

Facts: Appellant's land resumed by State Rail Authority on 2 November 1984. Parties unable to agree on compensation payable; appellant applies for determination of compensation pursuant. to s124 of Public Works Act. Appeal from judgment of Land and Environment Court on two grounds: 1) that the opinions of the respondent's valuer should have been given little weight as it was based on hearsay evidence; 2) - that the trial judge should have rejected the tender into evidence of certain records and files.

Held (per curiam): 1) Once evidence has been properly admitted at trial, as was the case here, the weight to be accorded the evidence is purely a matter for the trial judge. A ground of appeal that a trial judge gave inappropriate weight to particular evidence raises a question of fact, not a question of law. Moreover, the appellant had been given notice of the sales relied on by the respondent and had ample opportunity to examine the contracts of sale relating to those sales and to cross-examine the respondent's valuer about them.

2) The rejected evidence, if admitted, would not have favoured but would have been detrimental to the appellant.

ss19(c),24,26(c),27,28,38,57 - Land and Environment Court Act

s124 - Public Works Act 1912

Transport Authorities Act

English Exportees (London) Ltd v Eklonwall Ltd (1973) 1 All ER 726 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Harris v The Minister of Public Works (1912) 12 SR (NSW) 149 Reading v Valuer-General (1923) 6 LGR (NSW) 132 Royal Sydney Golf Club v Federal Commissioner of Taxation (1957) 97 CLREdmund Barton Chambers (Level 44) Cooperative v Life Citizens Assurance Co Ltd (1985) 6 NSWLR 312 Re Gorman (1912) 29 WN (NSW) 185 Woollams v The Minister (1957) 2 LGRA 338 Beard v The Director of Housing (1961) 9 LGRA 74 Talman Pastoral Co v Housing Commission of New South Wales Land and Environment Court, 17 March 1982, unreported