Perry v Roads and Traffic Authority [2000] NSWLEC 179

Land and Environment Court of New South Wales

CITATION : Perry v Roads and Traffic Authority [2000] NSWLEC 179 APPLICANT: Perry PARTIES : RESPONDENT: Roads and Traffic Authority FILE NUMBER(S) : 30009 of 1996 CORAM: Bignold J KEY ISSUES: Compensation :- Order for payment of compensation moneys - Costs of proceedings. Abandoned claim to compensation for a liability to capital gains tax. LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 CASES CITED: DATES OF HEARING: 8 August 2000 DATE OF JUDGMENT: 08/08/2000

APPLICANT: Mr J J Webster, Barrister SOLICITORS Levy Peatman

LEGAL REPRESENTATIVES: RESPONDENT: Mr J Ayling, Barrister SOLICITORS Crown Solicitors

JUDGMENT: IN THE LAND AND Matter No . 30009 of 1996 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 8 August 2000

RAYMOND THOMAS PERRY AND ANOR. Applicant

v

THE ROADS AND TRAFFIC AUTHORITY

Respondent

JUDGMENT

Bignold J:

1. By Notice of Motion filed in Court today, the Applicant seeks final orders in the proceedings which involve a claim to compensation under the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) in respect of the compulsory acquisition by the Respondent of part of a rural property owned by him at Repton. The Notice of Motion is made pursuant to the liberty to apply granted in respect of a number of matters that were reserved in my judgment delivered on 7 May 1999.