NSW Caselaw
Land and Environment Court of New South Wales CITATION: Mood and Ors v Cowra Shire Council [1999] NSWLEC 124
PARTIES APPLICANTS: Mood and Ors
RESPONDENT: Cowra Shire Council
NUMBER: 30136-7 of 1997
CORAM: Talbot J
Compensation :- value of improvements partly built on adjoining land KEY ISSUES: Compensation:- neighbouring owner influence Compensation:- cost of improvements as an aid to determine value Compensation:- disturbance - cost of fencing
LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991
DATES OF HEARING: 05/24/1999; 05/25/1999; 05/26/1999
DATE OF JUDGMENT DELIVERY: 06/09/1999
APPLICANTS: Mr J B Maston (Barrister)
SOLICITORS: Coode and Corry
LEGAL REPRESENTATIVES:
RESPONDENT: Mr J A Ayling (Barrister)
SOLICITORS: Pike Pike and Fenwick
JUDGMENT: Contents Paragraph The acquisition and the claim 1 - 10 The history 11 - 14 The issues 15 - 22 The legal issues 23 - 29 Value of road improvements 30 - 50 The market value of the acquired land 51 - 52 Severance 53 - 58 Loss attributable to disturbance 59 - 71 Total compensation 72
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