NSW Caselaw
Reported Decision : 135LGERA 365
Land and Environment Court of New South Wales
CITATION : Constantino v Roads and Traffic Authority of New South Wales [2004] NSWLEC 517 APPLICANT: Constantino PARTIES : RESPONDENT: Roads and Traffic Authority of New South Wales FILE NUMBER(S) : 30191 of 2003 CORAM: Bignold J KEY ISSUES: Compensation :- Compulsorily acquired land forming small part of larger holding-before and after method of valuation-injurious affection claim in respect of residue lands. LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991, ss 54, 55, 56 and 66 Gosford Shire Council v Green (1980) 48 LGRA 201; Hordern v Sydney City Council (1940) 14 LGR 200 ; CASES CITED: Housing Commission of NSW v San Sebastian Pty Ltd (1978) 140 CLR 196; Kerswell v Commissioner for Main Roads (Court of Appeal-unreported 13 July 1978); Realty Corporation Ltd v The Commissioner for Main Roads (1940) 14 LGR 204 DATES OF HEARING: 08-11/03/2004, 21/04/2004, 08/06/2004 (view) DATE OF JUDGMENT: 09/15/2004
APPLICANT: Mr J Webster SC with Mr I Hemmings, Barrister SOLICITORS J P Lawyers
LEGAL REPRESENTATIVES: RESPONDENT: Mr P Tomasetti, Barrister SOLICITORS Henry Davis York
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BIGNOLD J
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