Roulston and Anor v Roads and Traffic Authority of New South Wales; Galea and Anor v Roads and Traffic Authority of New South Wales [2005] NSWLEC 409

Land and Environment Court of New South Wales

CITATION : Roulston and Anor v Roads and Traffic Authority of New South Wales; Galea and Anor v Roads and Traffic Authority of New South Wales [2005] NSWLEC 409

APPLICANTS Roger James Roulston and Janet Roulston

RESPONDENT Roads and Traffic Authority of New South Wales PARTIES : APPLICANTS Paul Galea and Mary Galea

RESPONDENT Roads and Traffic Authority of New South Wales

FILE NUMBER(S) : 31286 of 2004; 31287 of 2004

CORAM: Cowdroy J

KEY ISSUES: Valuation of Land :- land affected by several proposed uses - whether discount should be applied for affectation - whether affectation the public purpose for which land acquired - quantum of discount to be applied - whether land could be used to calculate floor space ratio

Land Acquisition (Just Terms Compensation) Act 1991 s 55, s 56(1)(a), s 66 LEGISLATION CITED: Roads Act 1993 s 177 Baulkham Hills Local Environmental Plan 1991 cl 44

Cannavo and Anor v Roads and Traffic Authority of New South Wales [2004] NSWLEC 570; Commissioner of Succession Duties (South Australia) v Executor Trustee and Agency Company of South Australia Limited and Others (1947) 74 CLR 358; CASES CITED: Housing Commission of New South Wales v San Sebastian Proprietary Limited and Ors (1978) 140 CLR 196; The Crown v Murphy and Another (1990) 64 ALJR 593; 71 LGRA 1

DATES OF HEARING: 18/07/2005, 19/07/2005, 20/07/2005, 21/07/2005, 22/07/2005, 05/08/2005