NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mir Bros Unit Constructions Pty Limited v Roads & Traffic Authority of New South Wales [2005] NSWLEC 467
Mir Bros (Appl) PARTIES : Roads & Traffic Authority (Resp)
FILE NUMBER(S) : 31535 of 2003
CORAM: McClellan CJ
Valuation of Land :- Disturbance claim For additional land to be purchased in order to achieve the same amount of Gross Floor Area KEY ISSUES: In the alternative a severance or special value claim A further claim due to the fact that the applicant must now develop two separate sites rather than one
LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991
Blacktown City Council v Fitzpatrick Investments Pty Ltd [2001] NSWCA 259; Carson v Minister for Environment and Planning (1990) 70 LGRA 215; Commissioner of Highways v Tynan (1982) 53 LGRA 1; Corcoran v Minister for Public Works (unreported, NSWLEC, 27 October 1993); CASES CITED: Gosford Shire Council v Green (1980) 48 LGRA 201; Morrison v Commonwealth (1971) 34 LGRA 273; Realty Corp Ltd v Commissioner for Main Roads (1940) 14 LGR(NSW) 204; Roads & Traffic Authority (NSW) v Perry & Anor (2001) 116 LGERA 244 at 257
DATES OF HEARING: 23-24 August 2005
DATE OF JUDGMENT: 08/30/2005
S D Rares SC/M L Wright (Appl) Chalk & Fitzgerald (Sols - Appl)
LEGAL REPRESENTATIVES:
B J Preston SC (Resp) Corr Chambers Westgarth (Sols - Resp)
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