Scarfone v Blacktown City Council [2004] NSWLEC 114

Land and Environment Court of New South Wales

CITATION : Scarfone v Blacktown City Council [2004] NSWLEC 114 APPLICANT: Scarfone PARTIES : RESPONDENT: Blacktown City Council FILE NUMBER(S) : 30309 of 2003 CORAM: Bignold J KEY ISSUES: Compulsory Acquisition of Land :- land zoned Special Uses (Drainage)-underlying zoning-residential or rural? LEGISLATION CITED: Land Acquisition (Just Terms) Compensation Act 1991, s 56 Commissioner of Succession Duties (South Australia) v Executor Trustee and Agency Co Ltd (1947) 74 CLR 358; CASES CITED: Crown v Murphy (1990) 71 LGRA 1; Pointe Gourde Quarrying & Transport Co v Sub-Intendent of Crown Lands (Trinidad) [1947] AC 565 DATES OF HEARING: 17-19/11/2003 DATE OF JUDGMENT: 03/26/2004

APPLICANT: Mr J Webster SC SOLICITORS Philip Goldman & Co

LEGAL REPRESENTATIVES: RESPONDENT: Mr J Robson, Barrister SOLICITORS Taylor Kelso

JUDGMENT:

IN THE LAND AND Matter No. . 30309 of 2003 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 26 March 2004

G AND M SCARFONE

Applicants

v

BLACKTOWN CITY COUNCIL

Respondent

JUDGMENT

A. INTRODUCTION

1. This is an objection pursuant to the Land Acquisition (Just Terms Compensation) Act 1991, s 66(1) (the Just Terms Act) against the amount of compensation offered to the Applicants in consequence of the compulsory acquisition of their land fronting the Great Western Highway at Minchinbury effected on 29 November 2002 by Notice published in Government Gazette No 237 of that date "for the purpose of local trunk drainage and a stormwater detention basin". The subject land is located at the south-western corner of the intersection of the Highway and Wallgrove Road (a major road).