NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Stephen Anthony Horton and Kay Elizabeth Horton v Wyong Shire Council [2004] NSWLEC 571 APPLICANT Stephen Anthony Horton and Kay Elizabeth Horton PARTIES : RESPONDENT Wyong Shire Council FILE NUMBER(S) : 31582 of 2003 CORAM: Talbot J KEY ISSUES: Compulsory Acquisition of Land :- determination of underlying zoning and potential for rezoning. Compensation :- dispute between valuers resolved by determining where bargain would be reached. Land Acquisition (Just Terms Compensation) Act 1991 Rivers and Foreshores Improvement Act 1948 LEGISLATION CITED: Draft Sydney Regional Environmental Plan - Wyong Development Areas and Coal Mining 1987 Wyong Development Control Plan 49 - Warnervale East/Wadalba Development Control Plan Wyong Local Environmental Plan 1991 CASES CITED: DATES OF HEARING: 14/09/04, 15/09/04, 16/09/04 (site inspection), 17/09/04, 20/09/04 DATE OF JUDGMENT: 10/15/2004
APPLICANT Mr J J Webster SC with M/s M Carpenter (Barrister) SOLICITORS Taperell Rutledge Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P C Tomasetti (Barrister) SOLICITORS Colin Biggers & Paisley
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Talbot J
15 October 2004
31582 of 2003 Stephen Anthony Horton and Kay Elizabeth Horton v Wyong Shire Council
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