JL & MM Muir Properties Pty Limited v Roads and Traffic Authority of New South Wales [2006] NSWLEC 508

Land and Environment Court of New South Wales

CITATION : JL & MM Muir Properties Pty Limited v Roads and Traffic Authority of New South Wales [2006] NSWLEC 508

APPLICANT JL & MM Muir Properties Pty Limited PARTIES : RESPONDENT Roads and Traffic Authority of New South Wales

FILE NUMBER(S) : 30222 of 2003

CORAM: Talbot J

KEY ISSUES: Compulsory Acquisition of Land :- injurious affection - determination of appropriate discount for risk using before and after method.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land Acquisition (Just Terms Compensation) Act 1991

CASES CITED: JL & MM Muir Properties Pty Ltd v RTA [2004] NSWLEC 621; RTA v Muir Properties Pty Ltd [2005] NSWCA 460

DATES OF HEARING: 04/07/2006, 05/07/2006, 06/07/2006

DATE OF JUDGMENT: 08/17/2006

APPLICANT Mr J J Webster SC with Mr A M Pickles (barrister)

SOLICITORS LEGAL REPRESENTATIVES: Abbott Tout

RESPONDENT Mr R P Lancaster (barrister) SOLICITORS Clayton Utz

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

17 August 2006

30222 of 2003 JL & M M Muir Properties Pty Limited v Roads & Traffic Authority of New South Wales

JUDGMENT 1 Talbot J: The applicant has objected to the amount of compensation offered by the respondent in respect of the acquisition of certain lands fronting Windsor Road near Kellyville. Justice Bignold determined the compensation payable in the sum of $7,985,850.00 made up as follows: 1. Market value of acquired land: $4,985,850.00