Vella v Roads and Traffic Authority of New South Wales; Paoloni v Roads and Traffic Authority of New South Wales; Martignago v Roads and Traffic Authority of New South Wales [2003] NSWLEC 375

> Land and Environment Court of New South Wales

CITATION : Vella v Roads and Traffic Authority of New South Wales; Paoloni v Roads and Traffic Authority of New South Wales; Martignago v Roads and Traffic Authority of New South Wales [2003] NSWLEC 375 APPLICANT Carmen Vella

RESPONDENT Roads and Traffic Authority of New South Wales

APPLICANT Ofelia Paoloni PARTIES : RESPONDENT Roads and Traffic Authority of New South Wales

APPLICANT Fortunato Martignago

RESPONDENT Roads and Traffic Authority of New South Wales FILE NUMBER(S) : 31053; 31057; 31065 of 2002 CORAM: Talbot J KEY ISSUES: Compulsory Acquisition of Land :- compensation - determination of underlying zoning and use absent the proposed purpose of resumption as rural residential LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 s 54 Roads Act 1993 CASES CITED: DATES OF HEARING: 05/12/2003, 08/12/2003, 09/12/2003, 10/12/2003 DATE OF JUDGMENT: 01/09/2004

APPLICANT Mr J J Webster SC with Mr I J Hemmings (Barrister) SOLICITORS Thorntons Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr R P L Lancaster (Barrister) SOLICITORS Corrs Chambers Westgarth

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 31053 of 2002 31057 of 2002 31065 of 2002