NSW Caselaw
Reported Decision : 152 LGERA 348
Land and Environment Court of New South Wales
CITATION : Ibos Pty Limited v DHSH (Aust) Travel Pty Limited [2007] NSWLEC 120 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANTS: Ibos Pty Limited and Martin and Anna Hazenveld
PARTIES : FIRST RESPONDENT: DHSH (Aust) Travel Pty Limited
SECOND RESPONDENT: Minister for Lands
FILE NUMBER(S) : 30071 of 2006
CORAM: Biscoe J
KEY ISSUES: Compulsory Acquisition of Land :- application to Minister to compulsorily acquire land under Roads Act 1993 (NSW) Part 12 Div 2 - Minister decides to deal with application and gives notice of decision under s 185 - after considering submissions Minister decides to continue with proposed acquisition, gives notice of decision, determines claims of interest in the land and gives notice of determination under ss 187 and 189 - whether land sufficiently identified in the decisions, determinations and notices under ss 185, 187 and 189.
Land Acquisition (Just Terms Compensation) Act 1991 LEGISLATION CITED: Land and Environment Court Act 1979 ss 19(a), 24 and 25 Roads Act 1993 (NSW) Part 12 Division 2
King Gee Clothing Pty Ltd v The Commonwealth (1945) 71 CLR 184; CASES CITED: Nedoni Pty Ltd v Minister for Roads [2004] NSWLEC 56; Television Corporation Ltd v The Commonwealth (1963) 109 CLR 59 at 73
DATES OF HEARING: 6 September 2006, 19-20 October 2006
DATE OF JUDGMENT: 9 March 2007
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