J L & M M Muir Properties Pty Ltd v Roads and Traffic Authority [2003] NSWLEC 434

> Land and Environment Court of New South Wales

CITATION : J L & M M Muir Properties Pty Ltd v Roads and Traffic Authority [2003] NSWLEC 434 APPLICANT: J L & M M Muir Properties Pty Ltd PARTIES : RESPONDENT: Roads and Traffic Authority FILE NUMBER(S) : 30222 of 2003 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Hearing of claim for compensation for compulsory acquisition-Application to adjourn hearing to review claim for injurious affection LEGISLATION CITED: Land Acquisition (Just Terms) Compensation Act 1991, s 55 CASES CITED: DATES OF HEARING: 12/11/2003 EX TEMPORE JUDGMENT DATE : 11/12/2003

APPLICANT: Mr J Webster SC SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT: Mr R Lancaster, Barrister SOLICITORS Clayton Utz

JUDGMENT:

IN THE LAND AND Matter No. . 30222 of 2003 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 12 November 2003

J L & M M MUIR PROPERTIES PTY LIMITED

Applicant

v

ROADS AND TRAFFIC AUTHORITY

Respondent

JUDGMENT

1. This is a claim for compensation brought under the Just Terms Act in respect of the acquisition of land fronting Windsor Road at Kellyville by compulsory acquisition notice published in December 2002.

2. The case was listed for hearing in this Court (with appropriate directions for preparation for trial having been given) for four days commencing on Monday of this week. The trial has reached the stage where each party has comprehensively opened its case in detailed fashion taking me in particular to the historical chain of relevant planning documents affecting the Rouse Hill Development Area since the publication in 1989 of Structure Plans.