ROADS AND TRAFFIC AUTHORITY v TOMS [1995] NSWCA 393

ROADS AND TRAFFIC AUTHORITY v TOMS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, SHELLER and COLE JJA 1 November 1995, 16 November 1995

[1995] NSWCA 393

LANDS ACQUISITION (JUST TERMS COMPENSATION) Act 1991 — method of valuation-wrong addition of statutory contribution sum to land value to determine compensation payable.

Priestley JA I agree with Cole JA. Sheller JA I agree with Cole JA.

Cole JA The respondent Mr JT Toms was the owner of 10.47 hectares of land being Lot 1, Deposited Plan 559413 which was resumed by the Roads and Traffic Authority (RTA) on 27 May 1994 for road construction purposes.

Bannon J on 24 March 1995 awarded compensation to Mr Toms for the land resumed pursuant to the Lands Acquisition (Just Terms Compensation! Act 1991 in the sum of $6,378,000. That sum was made up as follows:

Bare land value 4,188,000 Hypothetical s94 contribution 2,010,240 Legal expenses 16,000 Valuation fees 8,400 Relocation expenses 1,500 Stamp duty 17,994 Solatium 15,000 House value 120,000 TOTAL 6,377,134

This was rounded to $6,378,000.

The only item challenged by the appellant is the inclusion of the hypothetical s94 contribution of $2,010,240 in the awarded compensation.

In determining his valuation, Bannon J rejected claims for monetary compensation based upon severance of the land from a residue of land owned by the respondent, and for "injurious affection" caused to it. Mr Toms, by a cross-appeal, challenged that rejection.

ENTITLEMENT TO COMPENSATION

$54(1) Lands Acquisition (Just Terms Compensation) Act 1991 entitles a person to compensation for resumed land in such amount as will justly compensate the person for the acquisition of the land. The matters to be considered in determining the amount of compensation are those set forth in s55 which provides:

"55. In determining the amount of compensation to which a person is entitled, regard must be had to the following matters only (as assessed in accordance with this Division):