NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Doueihi and Anor v RTA [2004] NSWLEC 51 FIRST APPLICANTS Ibrahim Doueihi and Mariette Doueihi
PARTIES : SECOND APPLICANT A & M Doueihi Pty Limited
RESPONDENT Roads and Traffic Authority of New South Wales FILE NUMBER(S) : 30421 of 2002 CORAM: Cowdroy J KEY ISSUES: Valuation of Land :- whether compensation for land can be awarded in respect of unauthorised use of land - whether Court is entitled to award compensation for a chance that the consent authority would grant consent for the unauthorised use - whether compensation can be awarded for a operating business which is conducted unlawfully. Environmental Planning and Assessment Act 1979, s 79C, s 106 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000, cl 41, cl 42(2)(b), cl 43 Holroyd Local Environmental Plan 1991 Land Acquisition (Just Terms Compensation) Act 1991, s 55, s 56(1) CASES CITED: Lemworth Pty Ltd v Liverpool City Council (2001) 53 NSWLR 371 DATES OF HEARING: 17/02/2004; 18/02/2004; 19/02/2004; 20/02/2004; 23/02/2004 DATE OF JUDGMENT: 03/05/2004
APPLICANTS Mr D. Officer QC
Ms V. Culkoff (Barrister)
SOLICITORS LEGAL REPRESENTATIVES: Russo and Partners
RESPONDENT Mr R. Lancaster (Barrister)
SOLICITORS Henry Davis York
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 30421 of 2002
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