Bombala Investment Pty Ltd V Great Lakes Council [1999] NSWLEC 75

Land and Environment Court of New South Wales CITATION: Bombala Investment Pty Ltd V Great Lakes Council [1999] NSWLEC 75

PARTIES Applicant Bombala Investment Pty Ltd

Respondent Great Lakes Council

NUMBER: 30127 of 1998

CORAM: Sheahan J

KEY ISSUES: :- Compulsory acquisition of an easement - disturbance - highest and best use

LEGISLATION CITED: Compulsory acquisition of an easement - disturbance - highest and best use

DATES OF HEARING: 03/01/1999

DATE OF JUDGMENT DELIVERY: 03/31/1999

Applicant Mr A J J Thompson (Barrister) Mr Digby Dunn (Solicitor) of Stacks Forster LEGAL REPRESENTATIVES: Respondent Mr P Tomasetti (Barrister) Mr P Rees (Solicitor)

JUDGMENT: IN THE LAND AND Matter No: 30127 of 1998 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 31 March 1999

BOMBALA INVESTMENT PTY LIMITED Applicant v GREAT LAKES COUNCIL Respondent

JUDGMENT

Introduction

1. This is an objection under s 66 of the Land Acquisition (Just Terms) Compensation Act 1991 ("the Just Terms Act") to the amount of compensation offered to the applicant ("Bombala") by the respondent ("Council") for the compulsory acquisition of an easement for drainage over lot 35 ("lot 35"), Deposited Plan 850018, shown in Deposited Plan 268004, registered with the Registrar-General's office on 4 September 1997.