NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Maloney v Cowra Shire Council [2000] NSWLEC 107 APPLICANTS: Gregory Ross Maloney and Pamela Irene Maloney PARTIES : RESPONDENT: Cowra Shire Council FILE NUMBER(S) : 30032B of 1997 CORAM: Talbot J KEY ISSUES: Costs :- claim for compensation for land resumed - special order where applicant not wholly successful Compensation :- special order for costs where applicant not wholly successful LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 CASES CITED: North Albury Shopping Centre Pty Ltd v Albury Municipal Council (1983) 49 LGRA 215; Rukavina and Robertson v Wagga Wagga City Council (1993) 80 LGERA 8 DATES OF HEARING: 31/05/2000 DATE OF JUDGMENT: 06/08/2000
APPLICANTS: Mr J B Maston (Barrister) SOLICITORS: Coode and Corry LEGAL REPRESENTATIVES: RESPONDENT: Mr J A Ayling (Barrister) SOLICITORS: Pike Pike & Fenwick
JUDGMENT:
IN THE LAND AND Matter No. 30032B of 1997 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 8 June, 2000
Gregory Ross Maloney and Pamela Irene Maloney Applicants v Cowra Shire Council Respondent
REASONS FOR JUDGMENT
1. In a judgment delivered on 29 February 2000 the Court awarded compensation in a total sum of $43,560 to the applicants following the compulsory acquisition of a formed road forming part of the property "Glenbrook", Kangarooby Road, Gooloogong on 25 October 1996.
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