NSW Caselaw
Land and Environment Court of New South Wales
CITATION : A Woodbury and Ors v Wyong Shire Council [2006] NSWLEC 48
APPLICANTS: A Woodbury and Ors PARTIES : RESPONDENT: Wyong Shire Council
FILE NUMBER(S) : 30898 of 2004
CORAM: Bignold J
KEY ISSUES: Compulsory Acquisition of Land :- compensation—acquired land situate in proposed Town Centre— highest and best use—development potentialities of the land.
LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991, s 66(1)
Boland v Yates Property Corporation Pty Ltd (1999) 167 ALR 575; Brewarrana Pty Ltd v Commissioner of Highways (No 2) (1973) 6 SASR 541; CASES CITED: Damjanovic v Roads and Traffic Authority of NSW (No 2) (2005) NSWLEC 371; Gosford Shire Council v Green (1980) 48 LGRA 201; Housing Commission of NSW v Falconer (1981) 1 NSWLR 547
DATES OF HEARING: 22-24/08/2005, 11/10/2005, 05/11/2005, 19/12/2005
DATE OF JUDGMENT: 02/10/2006
APPLICANTS: Mr I Hemmings, Barrister SOLICITORS LEGAL REPRESENTATIVES: Low Doherty and Stratford RESPONDENT: Mr P Tomasetti, Barrister SOLICITORS Colin Biggers and Paisley
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BIGNOLD J
10 February 2006
30898 of 2004 A. AND F. AND C. AND J. WOODBURY v WYONG SHIRE COUNCIL
JUDGMENT HIS HONOUR: A. INTRODUCTION 1 This is an objection pursuant to s 66(1) of the Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act) against the amount of compensation offered to the Applicants ($2,281,205) in the Compensation Notice given to them under the Act in respect of the compulsory acquisition by the Respondent of their land being lot 51 in Deposited Plan 561032 and known as No 103 Sparks Road, Woongarrah and comprising an area of 2.144 hectares by Notice published under that Act in Government Gazette No 95 of 11 June 2004. 2 The purpose of the acquisition as stated in that Notice was "for the purposes of an aquatic centre and carpark". 3 According to their Amended Points of Claim, the Applicants claimed the following amounts of compensation pursuant to the Just Terms Act, s 55—
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