NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fitzpatrick Investments Pty Limited v Blacktown City Council (No. 2) [2000] NSWLEC 139 APPLICANT: Fitzpatrick Investments Pty Limited PARTIES : ACN 001 662 862
RESPONDENT: Blacktown City Council FILE NUMBER(S) : 30071 of 1997 CORAM: Lloyd J KEY ISSUES: Compensation :- compulsory acquisition - land kept by development company for future subdivision - costs of locating and purchasing replacement land are losses attributable to disturbance - costs Income Tax Assessment Act 1936 (Cth) s 160 ZZK LEGISLATION CITED: Interpretation Act 1987 s 21 Land Acquisition (Just Terms Compensation) Act 1991 s 55, s 59 CASES CITED: Cooper Brookes (Wollongong) Pty Limited v Commissioner of Taxation of the Commonwealth of Australia (1981) 147 CLR 297; Fitzpatrick Investments Pty Limited v Blacktown City Council, Lloyd J, NSWLEC, 28 April 1998, unreported DATES OF HEARING: 26/05/2000 DATE OF JUDGMENT: 07/07/2000
APPLICANT: J J Webster (Barrister) SOLICITORS: Gordon & Johnstone
LEGAL REPRESENTATIVES: RESPONDENT: J A Ayling (Barrister) SOLICITORS: Taylor Kelso
JUDGMENT: 1
IN THE LAND AND Matter No: 30071 of 1997 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 7 July 2000
Fitzpatrick Investments Pty Limited ACN 001 662 862 Applicant v Blacktown City Council Respondent REASONS FOR JUDGMENT (2)
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